Clock Change: What Applies to the Night Shift?
Clock change in October 2026: working time, pay and co-determination in the night shift from the employer’s perspective
In the night to 25 October 2026, the clocks will be put back from 3 a.m. to 2 a.m. For employees on the night shift, this means an extra hour of work. Employers should clarify in advance who will work this hour, how it will be remunerated and what limits the Working Time Act (Arbeitszeitgesetz, ArbZG) imposes.
No Special Statute – Contract and Collective Agreement Decide
There is no statute that regulates the clock change under employment law. What matters are the employment contract, the collective agreement (Tarifvertrag) and the works agreement (Betriebsvereinbarung); many collective agreements contain their own rules. If a shift is fixed by clock time, for example from 10 p.m. to 6 a.m., it actually lasts nine instead of eight hours that night.
May the Longer Shift Be Ordered?
The employer may specify the content, place and time of work at its reasonable discretion, unless the contract, a works agreement, a collective agreement or statute provides otherwise (§ 106 Gewerbeordnung, GewO – the so-called right to give instructions, Weisungsrecht). In continuous shift operations there is a comprehensible interest in avoiding gaps or overlaps. Whether the additional hour can be demanded, however, depends on the working time owed under the contract and on the rules governing overtime. Alternatively, the shift handover can be brought forward by one hour.
Limits Under the Working Time Act
Night workers (Nachtarbeitnehmer) are employees who normally work nights in rotating shifts or work at night on at least 48 days a year; night time is 11 p.m. to 6 a.m. (§ 2 Abs. 3 to 5 ArbZG). For them, a maximum working time of eight hours applies on each working day (werktäglich) – that is, Monday to Saturday. It may be extended to up to ten hours if an average of eight hours is not exceeded within one calendar month or four weeks (§ 6 Abs. 2 ArbZG). For other employees, a reference period of six months or 24 weeks applies (§ 3 ArbZG).
A one-off longer shift is therefore generally permissible if the compensation is ensured. If working time were to exceed ten hours, however, this is impermissible without a specific basis in a collective agreement; the shift must then be shortened or the handover brought forward. For working time of more than nine hours, a break of at least 45 minutes must be granted (§ 4 ArbZG), and after the end of the shift the rest period of eleven hours must be observed (§ 5 Abs. 1 ArbZG). Working time exceeding eight hours on a working day must be recorded (§ 16 Abs. 2 ArbZG).
How Is the Hour Remunerated?
Hourly wage: The working time actually performed is remunerated, including the additional hour.
Monthly salary: With fixed weekly working hours, the hour is to be treated like an overtime hour – to be paid or credited to a working time account (Arbeitszeitkonto).
Flat-rate compensation: A clause stating that overtime is covered by the salary helps only if it makes clear how many hours are included. Otherwise it is invalid, and the customary remuneration is deemed agreed if the work can only be expected against remuneration (BAG, Urt. v. 22.02.2012 – 5 AZR 765/10; § 612 Abs. 1 BGB).
Night work compensation: Where no collective agreement applies, night workers are entitled, for hours worked during night time, to an appropriate supplement or paid days off (§ 6 Abs. 5 ArbZG). According to the Federal Labour Court (Bundesarbeitsgericht, BAG), 25% is regularly appropriate, and 30% for permanent night work (BAG, Urt. v. 09.12.2015 – 10 AZR 423/14). This also applies to the additional hour.
With the change in March, the picture is reversed: the shift is one hour shorter.
Involve the Works Council
The start and end of daily working time and the temporary extension of the customary working time are subject to co-determination (§ 87 Abs. 1 Nr. 2 and 3 Betriebsverfassungsgesetz, BetrVG). It makes sense to provide for a rule in the shift works agreement that permanently covers both clock changes, for example by means of a working time account.
Practical Checklist for Employers
Check the collective agreement and works agreement for rules on the clock change.
Set the shift schedules for the night to 25 October: extension or earlier handover.
Ensure maximum working time, breaks, reference period and rest period.
Record the actual working time in full.
Account correctly for pay, night supplement or time credit.
Involve the works council and aim for a permanent arrangement.
Conclusion
The additional night-time hour is ordinary working time – with all consequences for maximum limits, remuneration and co-determination. A permanent arrangement spares the discussion at every clock change. Please do not hesitate to contact us if you have any questions.
Status: 18 October 2026
NIETZER Rechtsanwälte · Attorneys at Law (USA) · Heilbronn · www.unternehmensrecht.com
This article is for general information purposes and does not replace legal advice in an individual case.
