No Right to Heat-Free Days: Germany's Patchwork Workplace Heat Rules Put to the Test
24.06.2026 - 21:15:03 | boerse-global.de
Extreme heat is bearing down on Germany, with the "Hartmut" high-pressure system pushing temperatures toward 40°C this weekend. But for millions of employees, walking off the job when the thermometer climbs is not an option. Unlike schools or certain public-sector workplaces, private-sector workers have no automatic claim to "hitzefrei" — and those who stay home without permission risk a written warning.
The legal framework that governs workplace temperatures rests on the Occupational Health and Safety Act (Arbeitsschutzgesetz) and the Workplace Ordinance (Arbeitsstättenverordnung), fleshed out by the Technical Rules for Workplaces (ASR A3.5). That system creates a three-stage escalation ladder.
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At room temperatures up to 26°C, conditions are considered normal. Above that mark, employers should begin considering first steps — supplying drinking water or relaxing dress codes, for example. Once the mercury hits 30°C, the employer’s duty hardens into a legal obligation to implement effective measures: overnight ventilation, sun blinds, fans. Should indoor temperatures exceed 35°C, the room is deemed unsuitable for work unless specific protections — such as cooling-down breaks or special clothing — are in place.
A Productivity Cliff at 27°C
The economic cost of heat is well documented. Data from Austria shows that cognitive performance drops noticeably once the ambient temperature passes 27°C. At 30°C, the risk of workplace accidents climbs by about 7%, and the number of sick-leave notifications rises by roughly 3.5%.
Companies are responding with flexible scheduling. In both Germany and Switzerland, more businesses are using flextime to shift work into cooler morning hours. Expanding home-office options is another listed response — provided the employee’s home stays cooler than the office.
Vulnerable Groups and Outdoor Work
Employers must adjust their risk assessments for pregnant women, older staff, and employees with pre-existing conditions. For outdoor jobs in construction or agriculture, the focus is on UV protection — suitable clothing, sunscreen — and a reliable supply of drinking water.
Yet the German Trade Union Confederation (DGB) in the Düsseldorf-Bergisch Land region pointed to persistent gaps in implementation this week, urging employers to take their responsibilities more seriously. In North Rhine-Westphalia, critics note that many cities still lack developed heat action plans, leaving facilities such as nursing homes especially exposed.
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Looking Abroad for Binding Rules
Other countries are moving toward harder mandates. Austria introduced a heat-protection ordinance for outdoor work that took effect in January 2026; it kicks in when temperatures reach 30°C. The Austrian trade union is now pushing for the rules to be extended to indoor spaces. In Italy’s Trentino province, updated guidelines allow work interruptions during high heat risk and provide access to the Cassa Integrazione Guadagni Ordinaria (CIGO), a short-time work benefit.
Schools Edge Toward Clearer Rules
The education sector is also pressing for binding standards. In Baden-Württemberg, Education Minister Andreas Jung (CDU) plans to introduce a "should regulation" stipulating that when classroom temperatures hit 30°C, heat-free periods should be granted. Until now, decisions in most states rest on recommendations that often look only at outdoor temperatures. Teacher unions are also calling for a major renovation programme for school buildings to reduce heat exposure at the source.
