Employment law: Five facts about hot days at work
A hot day at work: That's something to reckon with in the summer. A heatwave, however, can make things quite challenging. What are the legal rights then?
In the office, the temperature is stuffy, in the warehouse it's 30 degrees, and on the construction site the sun is scorching: How can one still work there? And do we even have to? What rights do employees have regarding hot days at work - and which ones don't:
- No right to a cool work environment
The German labor law does not recognize a general right to a cool work environment, says Till Bender from the Legal Protection Department of the German Trade Union Federation (DGB). The employer is, however, legally obliged to design the work in such a way that the risk of danger to life and health is minimized. This includes protection from extreme temperatures.
The so-called Workplace Regulation comes into play here. It regulates that employers must ensure that the conditions in the workplaces are "healthily tolerable" in terms of temperature. Concretely, this is addressed in the technical regulation for workplaces regarding room temperature. It provides examples of measures that employers can choose from when it gets too hot.
If the outdoor and indoor air temperatures exceed 26 degrees Celsius, the measures are a suggestion. If the temperature in the workplaces rises above 30 degrees Celsius, the employer must take action. If it's over 35 degrees Celsius, normal office work in the room is not permitted, according to Bender. That is, unless additional protective measures are taken, such as wearing heat protection clothing.
Suitable measures include fans or air conditioning, relaxation of the dress code, shifting work hours, or providing sufficient beverages. "But ultimately, it's the employer's decision which measures they take," summarizes Bender.
- Stop working due to heat: only as a last resort
If employees find their workstation too hot, it's not a good idea to simply leave the office or warehouse. In the worst-case scenario, this could result in a reprimand. If employees are exposed to such extreme heat at their workstation that their health is endangered - and the employer does not make any efforts to prevent this, employees may, according to Bender, "as a last resort" stop working.
The legal expert recommends taking this step only after serious attempts have been made to find a solution and to pressure the employer for appropriate measures. If there is a safety expert or works council in the company, they can help with an internal clarification.
- The dress code still applies on hot days
"Even the usual dress code in the company cannot be disregarded by employees just because it's hot," clarifies Till Bender. The relaxation of the dress code is explicitly mentioned as a measure in the Workplace Regulations, but the decision ultimately lies with the employer.
In this point, it is advisable to avoid unnecessary conflict escalation, according to Bender. He suggests: Initiating a conversation with the employer, bringing attention to the situation, and ideally making concrete proposals. If there is a works council in the company, it is the appropriate contact person for employees. The works council has real co-determination rights in matters of dress code.
In the best case, there are already regulations in place before a heatwave specifying how employees can dress more loosely during high temperatures. For instance, jackets and ties can be removed when room temperature exceeds a certain threshold, as Bender points out.
However, the expert on labor law also mentions limits. Thus, occupational safety regulations cannot be simply disregarded. "Even at very high temperatures, safety shoes cannot be replaced by sandals," he explains.
- No free beverages claim from the employer
Although it is recommended, there is no "general claim to free beverages above a certain room temperature," according to Till Bender. This is unless it is specified in the collective bargaining agreement, a works agreement, or the employment contract.
Bender emphasizes that the extent of the employer's duty of care remains their responsibility. "However, it is hardly conceivable how an employer can counteract dehydration of their employees without providing them with beverages," he adds. If the employer refuses, the conversation with them should be continued, and a joint solution should be sought.
Moreover, a claim arises in the context of so-called "heavy work in the heat." This refers to tasks where the body is subjected to multiple stressors, including heat, physical labor, and other factors like protective clothing, leading to an increase in body temperature - for example, in road construction in the scorching midday sun.
- Special rights for pregnant women
Pregnant women have special rights and protective measures in Germany that apply even in extreme temperature situations. Specifically, the employer must conduct a risk assessment and ensure that working conditions are safe for pregnant women.
In extreme temperatures, the employer must assess whether these pose a danger to pregnant employees and take appropriate measures if necessary. If this is not possible, individual employment bans may result. "A doctor can also issue an employment ban if they determine that the work under the given conditions endangers the health of the pregnant woman or the unborn child," Bender explains.
If a pregnant woman feels that her health is threatened by high temperatures and the employer does not respond appropriately, she can turn to the works council or the competent labor protection authority.
The Federal Institute for Occupational Safety and Health serves as an advisor for employers in creating a safe work environment during heatwaves. Employees may seek the assistance of their company's safety expert or works council in addressing excessive workplace temperatures.
