Germany: Showering at the employer's expense

Obligation of the employer to bear the costs

In addition to travelling and changing times, body-cleaning times are part of the paid working time if employees soil themselves so much during their work performance that they cannot reasonably be expected to put on their private clothing, leave the company and go home without first cleaning their body in the company.

What is paid working time?

A container mechanic and his employer were in dispute over remuneration for changing, cleaning and travelling time. The employee's tasks included sanding down rusty and damaged areas and repainting containers. The employee had to attend his workplace in the work clothes provided by the employer at the start of each workday. Despite wearing protective clothing, he often got very dirty during his work. After work, he washed or showered in the changing room and left the soiled work clothes at the company for cleaning on the employer's instructions. The employee demanded additional daily remuneration for 55 minutes for the time spent travelling, changing and cleaning his clothes.

Activity in the interest of the employer

According to case law, in addition to the agreed activity, activities are also to be regarded as working time and thus subject to remuneration provided, they are related to the agreed activity or the manner in which it is performed and therefore serve exclusively to satisfy the employer’s interests.

Putting on and taking off work clothing prescribed by the employer and only to be worn in the company is therefore generally considered as paid working time. This also applies to the associated travelling time from the changing room to the actual workplace.

According to this, personal cleaning times are part of the paid working time if the personal cleaning is necessary due to mandatory hygiene regulations under labour law, for example if the employee comes into contact with substances or contaminated objects that are hazardous to health during work, or if the employer expressly orders the personal cleaning. However, time spent cleaning the body is also part of the paid working time if the employee becomes so soiled during the performance of their work that they cannot reasonably be expected to put on their private clothing, leave the company and travel home - either by using public transport or their own vehicle - without first cleaning themselves at the company. A distinction must regularly be made according to the type and scope of the activity carried out and the work clothing worn, the extent of soiling associated with the work performance and the resulting necessary type and duration of body cleansing. Washing that is only necessary to remove the usual soiling, perspiration and body odour of the day primarily serves to satisfy private needs; it is not exclusively for the benefit of the employer and is therefore not subject to remuneration.

Case-by-case assessment

Insofar as there is no general regulation, e.g. in a collective agreement - it must be examined on a case-by case basis which type of personal hygiene is required.

Assessment from an objective point of view

The benchmark for the assessment is not the subjective perception of the individual employee, but the objectified view of a reasonable employee. Public law and occupational health and safety regulations, such as the Annex to the Workplace Ordinance (requirements and measures for workplaces in accordance with Section 3 (1) ArbStättV) and the Technical Rules for Workplaces, which concretise the Annex, can provide guidance for the delimitation and assessment of each individual case. For example, showering times are likely to be subject to remuneration if the employee carries out “very soiling” activities or work with highly odour-emitting substances, wears personal protective equipment that covers a large area of the body or carries out activities under special climatic conditions or in wet conditions (see Section 6 - Washrooms No. 6.1 Para. 1 Category C of the Technical Rules for Workplaces Sanitary Rooms ASR A4.1). Under these conditions, showering must be regarded as working time because the soiling is directly related to the work performance, which cannot be performed without subsequent full-body cleansing. However, “soiling” (not “very soiling”) or only “moderately soiling” activities may have to be assessed differently (see Section 6 - Washrooms No. 6.1 Para. 1 Categories B and A of the Technical Rules for Workplace Sanitary Facilities ASR A4.1). Here, washing the soiled body parts will regularly be sufficient. Only the time required for this is subject to remuneration.