Summer temperatures were already reached in many places last Pentecost weekend. According to forecasts from the German Weather Service, it will be even hotter this week with temperatures rising to up to 35 degrees. Attic offices, construction sites, production halls, field service and poorly air-conditioned home offices are particularly affected.
Employers are then often confronted with legal questions. What obligations and protective measures apply at high temperatures in the workplace? What regulations apply when working from home and what consequences do employers face if they violate their occupational health and safety obligations? The article provides an overview of the most important points.
No heat-free by law
To date, there is no legally enshrined right to be free from heat. The Workplace Ordinance (ArbStättV) and the associated technical rule ASR A3.5 only stipulate that employers must ensure a “room temperature that is beneficial to health”. From a room temperature of 26 degrees, protective measures must be checked, from 30 degrees, measures are mandatory, and from 35 degrees, a room is no longer suitable as a workspace without technical or organizational countermeasures. Labor lawyer Dr. Thomas Block from the law firm AC Tischendorf Rechtsanwälte: “There is no right to be free from heat. But: from 35 degrees Celsius, a room is no longer considered a suitable work space unless technical, organizational or personal protective measures are taken.”
What measures are required?
Such measures can look very different. “These include, among other things, ventilation in the morning hours, use of flexitime regulations to shift working hours, relaxation of clothing regulations and the provision of suitable drinks,” explains Block. The labor lawyer also names technical protective measures: “These could be, for example, air showers and water curtains.” The Federal Ministry of Labor also recommends ventilation, shading, water dispensers and heat breaks.
By the way, the legal framework does not apply when working from home. The responsibility lies with the employees themselves – the employer is only obliged to ensure that the computer workstation is ergonomically equipped. Whether the thermometer shows 23 or 33 degrees is legally irrelevant.
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What consequences apply in case of violations?
It often remains unclear what consequences could arise if employers do not fulfill their obligation to install appropriate measures. “In addition to the threat of a fine, employees can also claim damages or compensation for pain and suffering if employers do not pay sufficient attention to occupational safety,” says Thomas Block. In practice, however, many employees shy away from demanding their rights – for fear of conflicts with superiors or even consequences under labor law.
There are no differences between blue-collar and white-collar professions when it comes to heat protection. “The Workplace Ordinance does not differentiate between activities, but only between workplaces,” explains the lawyer. The regulations on room temperature therefore apply equally to production facilities and offices. “In some production plants or on construction sites, temperatures above 35 degrees are reached more quickly than in air-conditioned office buildings. The employer must keep this in mind and ensure that employees do not suffer any damage to their health.”
Employers under pressure
Last year, the Die Linke party put forward proposals for stricter rules when it comes to heat in the workplace. The working time should be reduced by 25 percent from a room temperature of 26 degrees and by 50 percent from 30 degrees. However, so far the proposals have not led to binding legal regulations. However, the debate shows that the pressure to act is increasing. The German Weather Service also warns that the number of hot days in Germany will increase noticeably as a result of climate change. For employers, this means that they increasingly have to adapt to long-term heat protection concepts – beyond short-term solutions such as fans.
Keep special needs in mind
HR should pay particular attention to certain groups of people: “Pregnant women, people with previous heat-sensitive illnesses or those who take certain medications are particularly at risk from high temperatures because, for example, the ability to sweat is restricted,” explains Prof. Dr. Katharina Larisch, occupational physician at BAD health care and safety technology (proper spelling: B·A·D).
(The article originally appeared on June 10, 2025 and was last checked and revised on May 26, 2026.)
Sven Frost is responsible for HR tech, which includes the areas of digitalization, HR software, time and access, SAP and outsourcing. He also writes about recruiting and employer branding. He continues to be responsible for the editorial planning of various special human resources publications.
