German Cabinet Approves Four-Week Job Trials as Labour Court Tightens Rules on Time Fraud

Germany's cabinet passes 'Job-to-Job' trial and weekly hours cap, while courts rule on time fraud dismissal, heat policies, and remote-work accident insurance.

Employers and workers in Germany face a rapidly shifting landscape as Chancellor Friedrich Merz’s government unveiled sweeping working-time reforms and a court delivered a sharp reminder that clocking in for an unofficial break can cost someone their job.

The federal cabinet on 15 July 2026 passed a draft law allowing employees to test a new position for up to four weeks without resigning their existing contract. The so-called "Job-to-Job-Erprobung" is part of a broader package that Labour Minister Bas is expected to flesh out in a legislative proposal this autumn. A key element is replacing the daily maximum working hour limit with a weekly cap, particularly for companies not covered by collective bargaining agreements. Merz announced the timeline in mid-July, citing the coalition agreement as the mandate.

While flexibility expands on one front, another ruling shows the risk of abusing it. The Landesarbeitsgericht Hamm (Case No. 13 Sa 1007/22) upheld the summary dismissal of a cleaner who had clocked in, left to drink coffee at a café, and later denied the incident. The judges classified the act as "Arbeitszeitbetrug" – time fraud – and ruled that no prior warning was necessary because the deliberate deceit had shattered the trust-based relationship. Neither the employee’s long service nor a disability classification altered the outcome. The court also clarified that pay deductions for negative hours are only lawful when the employee is personally at fault, for instance by arriving late without permission. If the employer cannot provide work, the wage claim remains intact.

Heat is another challenge hitting workplaces. Germany has no statutory right to "hitzefrei" – a day off due to high temperatures. The building workers' union IG BAU recommends the WSS rule: water, sunscreen and shade. It urges employers to supply free drinks and protective gear such as helmets with neck flaps. A Swiss cleaning company based in Allschwil has gone further: when the thermometer tops 30°C, it cuts the workday from 8.4 to 6 hours with full pay. Statistics from the Swiss accident insurer Suva back the move, showing a seven-percent increase in accident risk above that threshold.

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Home office safety is also getting judicial scrutiny. The Hessische Landessozialgericht ruled in spring 2026 on two cases (Az. L 3 U 189/24 and L 3 U 176/25) that the walk to buy food for immediate consumption during a remote-work break can count as a covered workplace accident – provided the employee is tightly integrated into the company’s operations. However, errands lacking a direct business purpose are not protected. For instance, fetching meals for colleagues without an official assignment leaves the worker outside statutory accident insurance. In a related policy statement from 18 June 2026, the Federal Ministry of Finance clarified that a home office does not generally constitute a business establishment of the employer, except for rooms with managerial functions.

Meanwhile, other pending changes will affect day-to-day employment. The minimum wage is set to rise to 13.90 euros in 2026 and 14.60 euros in 2027. A requirement to present a doctor’s note from the first day of illness is scheduled to become law by the end of 2026. And from 2027, public-sector employees covered by the TVöD collective agreement can swap 16 percent of their annual special payment for up to three extra days off. Applications must be submitted by 1 September 2026.

These developments – from trial work periods to tougher penalties for time fraud – reflect a German labour market trying to balance flexibility with discipline as temperatures rise and digital work blurs old boundaries.