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Hitzefrei: Is it ever legally too hot to go to work or school in Germany?

As temperatures climb higher across some parts of Germany, we looked at whether it can ever be too hot to work or go to school. Here's what you need to know.

Two people sit in a pool in Wiesbaden, Hesse in June 2021.
Two people sit in a pool in Wiesbaden, Hesse in June 2021. Photo: picture alliance/dpa | Sebastian Gollnow

This article was first published in 2019 and we updated it to help us navigate the current summer. 

With temperatures up to 36C expected in parts of Germany on Monday, it’s certainly super hot out there.

And due to the fact that many public places don’t have air conditioning, it could become unbearable.

If this happens, German schools and workplaces can declare hitzefrei (literally, heat free), which means pupils or employees can take the rest of the day off due to excessive heat.

But there are rules to follow for this to happen, and it usually comes down to state regulations for schools and the employer’s decision for workplaces.

Here’s what you need to know. 

READ ALSO: Living in Germany – shorter work weeks, €9 trips and hitzefrei

What applies to employees?

Firstly, hitzefrei is no new concept. A version of it dates back to 1892 when a ministerial decree was made in Prussia, Germany daily FAZ recently reported.

Nowadays, the employer is in principle free to decide when it is too hot as there is no legal framework for employers to follow when they feel they need to switch off their computer and go swim in a lake.

However, labour law provides for certain recommendations that employers should adhere to in the event of high temperatures. Workplace regulations stipulate that room temperatures should not exceed 26C in order to protect health.

READ ALSO: Ditching AC for ‘hitzefrei’: Taking on the German summer as a Californian

Photo: DPA

If the room temperature exceeds 30C, the employer is obliged to take measures to protect employees. This applies not only to offices, but also to shops, warehouses, workshops or wherever the employee’s place of work is.

Furthermore, technical regulations for workplaces stipulate: “If the air temperature in the room exceeds +35C, the room is not suitable as a work area without technical measures (eg industrial air showers, water sprays), organizational measures (eg time allowed for people to cool down) or personal protective equipment (eg heat-protective clothing), as is the case when working in hot environments.”

In other words: bosses must design their workplaces in such a way that health hazards are avoided. Air conditioning systems, fans and blinds can make rooms more climate-friendly.

Alternatively, the employer can provide a cooler place to work. People who work outdoors should stay in the shade and drink enough water.

During the sweltering weather in June 2019, some German outdoor workers were advised to start much earlier in the day. For example in North-Rhine Westphalia, road workers who start at 6.45am could begin at 4.45am. It means they finished earlier and avoided the worst of the sun. 

Workplaces such as canteens and first aid rooms in workplaces must have temperatures that are beneficial to health (and not too hot).

If employees have concerns they should talk to their bosses to see what can be done to bring the temperature of the room down.

What about schools?

There has been no nationwide regulation for schools on when pupils should be sent home due to the heat since 1999, FAZ reports. Instead, each federal state decides for itself. In Baden-Württemberg, North Rhine-Westphalia, Rhineland-Palatinate, Berlin and Hesse, the heads of each individual school have to make the decision. 

Some schools in North Rhine-Westphalia chose to shorten the days for pupils due to the extreme heat in 2019.

As school buildings differ in construction and location, temperatures can vary. Hitzefrei is valid if lessons are impaired by high temperatures in the classrooms. Usually, if a room temperature reaches 25C to 27C or higher, schools take action.

If temperatures are more than 25C outside in the shade by 10am, the school management can also think about sending kids home. Sometimes instead of a day off, teachers choose to relocate lessons to cooler places or take the students on short excursions.

Room temperatures of less than 25C are usually not considered to be excessive. Hitzefrei can be problematic for families with younger children because it requires agreement with the parents, who may have to take time off work to pick up their offspring.

READ ALSO: What working parents in Germany need to know if their child is sick

It’s a good day to go a lake, like this one in Müggelsee, eastern Berlin. Photo: DPA

Pupils at secondary school on the other hand, usually do not get a full hitzefrei day unless, for example, there is a risk of circulatory problems in their classrooms.

Teachers are advised that class tests (for all levels) should be avoided on days when the heat is too much.

So if you overhear this: Ich muss heute Nachmittag nicht in die Schule. Wir haben hitzefrei (I don’t have to go to school this afternoon. We have heat free time) then perhaps there’s a chance your boss might let you finish up early too – but don’t count on it. 

Vocabulary 

Heatwave – (die) Hitzewelle

Air conditioning – (die) Klimaanlage

Unbearable – unerträglich

To get a heat free day – hitzefrei bekommen 

Labour law – (das) Arbeitsrecht

We’re aiming to help our readers improve their German by translating vocabulary from some of our news stories. Did you find this article useful? Let us know.

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WORKING IN GERMANY

Four steps to take straight away after losing your job in Germany

Losing a job can be a nightmare situation for foreigners in Germany - but following these simple steps will get you back on your feet in no time.

Four steps to take straight away after losing your job in Germany

In times of economic downturn, layoffs are far from unusual – but that doesn’t make it any more difficult for the people who find themselves suddenly left without work.

For foreigners in Germany, the situation is even more frightening. You may wonder whether your residence status is in jeopardy, how hard it will be to find another position, and whether you can support yourself while you look for another job.

Though it may be hard to think clearly at a time like this, following these four simple steps will set you in good stead to move forward – and hopefully, it won’t be long before another dream opportunity comes your way. 

1. Negotiate your terms 

Before signing or agreeing to anything, it’s crucial that you’re familiar with your rights and understand how much notice your employer has to give you and what kind of settlement you may be owed.

Generally, the rule of thumb is that you get half a month of severance for every year you worked at the company. That said, higher settlements can be negotiated in return for signing a termination agreement (Aufhebungsvertrag), so you may want to seek legal advice before settling. 

Even during a probationary period, your employer will also have to give you a certain amount of notice before your last working day. During the interim, you can either work for the company or be put on what is known as gardening leave in English, where you stay home but are paid as if you were working.

This can all be negotiated as part of a termination agreement, so you should think carefully about what works best for you and consider speaking to your labour council (Betriebsrat) or a legal specialist before making any firm decisions. You should also be aware that you have no obligation to sign any agreement and can legally dispute the layoff if you want to. 

READ ALSO: Can I get unemployment benefits in Germany if I quit my job?

2. Get all the necessary documents from your employer

Once the terms of the layoff are final, ensure that your employer gives you all the necessary documents you need to navigate the next phase of German bureaucracy.

The main two to think about first are the confirmation of work (Arbeitsbescheinung) and the confirmation of your holiday entitlement (Urlaubsbescheinigung).

The first can be sent to the Agentur für Arbeit (jobcentre) as proof of your last job and recent layoff, while the second will help your next employer calculate your vacation days for the rest of the year.

An Arbeitszeugnis, or German letter of reference

An Arbeitszeugnis, or German letter of reference. Photo: picture alliance/dpa/dpa-tmn | Zacharie Scheurer

On top of these documents, you’ll want to ask your employer for a letter of reference (Arbeitszeugnis), which is useful for finding a new job in Germany.

You should also keep hold of your last payslip and statement of earnings (Lohnsteuerabrechnung), which are helpful for tax purposes and may also be requested by the Agentur für Arbeit.

Speaking of which… 

3. Register as unemployed with the Agentur für Arbeit

As soon as you know that you are soon to be unemployed, you should register as a jobseeker with the Agentur für Arbeit. To get full unemployment benefits, you usually have to do this within three days of receiving your termination notice or at least three months before leaving.

Depending on what type of residence permit you’re on, you may or may not be entitled to long-term unemployment benefits (ALG II), but most employees are able to get unemployment insurance (ALG I), which covers a proportion of your former salary while you look for a new role.

It’s important to be a little bit careful here, as claiming long-term unemployment benefits (ALG II) can affect any future citizenship applications. Any severance pay you agree to can also result in you losing some months of unemployment benefits, so these are all factors you will have to consider while deciding on the best way forward. 

READ ALSO: What happens to your work permit if you lose your job in Germany?

4. Inform the immigration office 

If you’re on a residence permit that is linked to your job in some way, like a Blue Card or work visa, you’ll need to inform the immigration office about your change in circumstances as soon as possible.

This should be done in writing, and in German, within two weeks of receiving your termination notice.

You should include all relevant personal information, such as date of birth, residence permit type, and nationality, as well as the date of your final day at work. As proof of the layoff, you should also enclose a copy of your termination agreement or a letter from your employer. 

People enter the immigration office

For foreigners who move to Germany and settle in Berlin, a visit to the Berliner Landesamt für Einwanderung (LEA) is ultimately unavoidable. Photo: picture alliance/dpa | Britta Pedersen

In most cases, the immigration office will give you between 3 and 12 months to look for a new job. If they give you a shorter period, be aware that you may be able to negotiate an extension later on if you are struggling to find work through no fault of your own.

Above all, stay positive. Though it may feel like one door has closed, another one is sure to open. This being Germany, you may just have to wade through a sea of paperwork to get there.

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