The essentials in brief

• From 30 °C, employers must provide suitable Beverages – from 26 °C, it is a target requirement.

• There is no legal right to time off due to heat ("Hitzefrei") in Germany. Unauthorized absence is considered refusal to work.

• From 26 °C, employers should take action (shading, ventilation, Beverages). From 30 °C, they must.

• Above 35 °C, a room is no longer considered a suitable workspace without protective measures.

• Air conditioning? Not mandatory. The employer chooses the measures themselves.

• Young people, pregnant women, and older employees can trigger a need for action even below these thresholds.

The legal situation: What applies from when

No "Hitzefrei" law – but clear duties. And those lie with the employer.

The basis is § 618 para. 1 BGB: Rooms and working conditions must be designed in such a way that employees are protected from health hazards. The Occupational Health and Safety Act makes thermal comfort a mandatory task in risk assessment (§ 5 ArbSchG). Specific temperature limits are provided by ASR A3.5 – which, although not a law, has a presumption of conformity: anyone who complies with it fulfils the Workplace Ordinance.

The step model of ASR A3.5

Three thresholds. Three different levels of obligation.

Important: "Room unsuitable" does not automatically mean going home. This is decided by the employer – not the employees.

Obligation to provide Beverages from 30 °C: What specifically applies

From 26 °C they should, from 30 °C they must provide suitable Beverages – at least drinking water – free of charge. For everyone. Always. Regardless of the sector or type of workplace.

If you have already established a permanent and good beverage supply, you have one less worry during the next heat wave. How this works from a tax and practical perspective is explained in the article Getränke für Mitarbeiter: Was ist erlaubt, steuerfrei und sinnvoll?

What this means for different workplaces

Office

Goal: stay below 26 °C. Sounds simple – and is usually doable if you act early enough.

External solar protection/shading is more effective than any fan. Ventilate crosswise in the morning, then close windows and darken – this keeps offices cooler for hours. Run printers, copiers, and other heat sources only when needed. Extend flexible working hours, relax the dress code. Air conditioning is not mandatory – those who have one should aim for 25 °C.

Home office: In the case of a permanently set up teleworking space, the responsibility lies with the employer. In the case of mobile working, it lies with the employee themselves. The works council has a right of co-determination and initiative via the risk assessment (§ 87 para. 1 no. 7 BetrVG) – and can actively demand measures.

Production and industry

Pulling down the blinds is not enough here. Technical measures have priority: shielding of heat sources, air showers, targeted ventilation. Cooling-off phases and shifting heavy work to the early morning hours provide noticeable relief.

Those who wear personal protective equipment that hinders the body's heat dissipation need a tailored risk assessment – the pure air temperature highly underestimates the actual physical strain here. Recommendation: at least three litres of fluids per day, significantly more depending on the severity of the work.

Outdoor workplaces and UV protection

For outdoor work, the Workplace Committee (ASTA) agreed on supplementary recommendations in August 2025 – the same stage model as indoors, but with UV protection on top. Protective measures must be planned from UV index 3, and UV protective clothing and sunscreen are mandatory from UV index 8. No presumption of conformity like an ASR – but the technically recognised state of the art.

What is currently happening politically

A dedicated heat protection law is not coming – at least not now. The Federal Government continues to rely on the existing ArbStättV/ASR framework. ASR A3.5 is currently being revised to keep pace with increasing heat periods (Bundestag print matter 21/1731, September 2025). When the new version will be released is unclear.

The IG BAU union is demanding "no work due to heat from 33 degrees" ("Hitzefrei") and a climate short-time working allowance. The construction industry rejects fixed temperature limits. The DGB union mainly criticises that risk assessments are often simply missing in practice. At the EU level: Framework Directive 89/391/EEC and EU-OSHA guide "Working in heat" (2023) – but no separate binding heat directive.

Providing Beverages: Meeting the obligation and making more of it

The obligation to provide Beverages from 30 °C is the legal minimum. What lies behind it is much greater.

Even a 2% fluid deficit measurably reduces concentration and cognitive performance. In everyday working life, many people simply forget to drink – not out of negligence, but because the brain actively suppresses thirst signals when in focus mode. Heat intensifies this.

What helps: easily accessible and visible hydration hubs, variety in what is offered, and a self-organising solution.

What this looks like in practice with different teams is shown in the Re:Drink Case Studies

Solving the drink supply issue properly does not just fulfil the obligation. It is an investment in focus, well-being, and team culture. What this means in concrete terms is explained in the Hydration-Guide: Focus, productivity, and drinking habits at the workplace

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