As a general rule, employees are not permitted to leave their workplace on their own initiative, even in extreme heat. There is no general legal right to time off due to heat.

However, employers are required to protect the health of their employees. The legal basis for this includes, among other things, the Occupational Safety and Health Act, the Workplace Ordinance, and the Technical Rule for Workplaces ( ASR A3.5).

As part of the risk assessment, the employer must evaluate the extent to which employees are affected by high temperatures. In addition to room temperature, factors such as sunlight, physical labor, protective clothing, and health risks also play a role.

What are the rules at 26, 30, and 35 degrees?

If the temperature in the workplace rises above 26 degrees Celsius, the employer should consider taking appropriate measures. This is particularly important for pregnant women, older employees, people with pre-existing medical conditions, and those engaged in physically demanding work.

When temperatures exceed 30 degrees, the employer must take action. Possible measures include providing better sun protection, ventilating the workspace during the cool morning hours, turning off unnecessary heat sources, offering additional breaks, adjusting work schedules, or moving employees to cooler rooms.

If the air temperature exceeds 35 degrees, the room is generally no longer suitable as a normal workspace without special protective measures. The employer must then offer an alternative workspace or take special precautions.

However, none of these temperature thresholds automatically entitles a person to go home.

Are passengers entitled to air conditioning or beverages?

There is no general right to air conditioning. In principle, the employer may decide for themselves what appropriate measures to take to reduce heat stress.

What rules apply outdoors and when working from home?

When employees work outdoors, employers must take both heat and UV radiation into account. Appropriate measures include, for example, providing shaded areas, sun protection, head coverings, drinking water, and scheduling heavy work for the morning hours.

Even when working from home, there is no automatic time off due to heat. Employees should coordinate any change in their work location with their employer. Whether a return to the office or remote work at another location is possible depends on the specific agreement.

Is it permissible to refuse to work because of the heat?

Refusal to work is only permissible in exceptional cases. Anyone who goes home without consulting their supervisor risks receiving a written warning and losing their right to wages for the time not worked.

Employees should document the temperatures, inform their employer of the hazard, and demand specific remedial action. If the employer fails to respond, the works council, the company physician, the occupational safety specialist, or the relevant occupational safety authority can be contacted.

If acute symptoms such as dizziness, nausea, headaches, or circulatory problems occur, work should be interrupted and medical assistance sought if necessary.

What are the terms regarding compensation?

If an employer sends employees home due to the heat or temporarily suspends operations, the employees’ right to compensation generally remains in effect, provided they were able and willing to work.

If, on the other hand, an employee leaves work on their own initiative, their right to wages for the time not worked may be forfeited.

There is no general provision for time off due to heat in labor law. However, employers may not ignore high temperatures. When temperatures reach 30 degrees or higher, they must take effective measures. At temperatures above 35 degrees, a workspace is generally no longer suitable without special protective measures.

Employees should not act on their own initiative, but rather document the issue, inform their employer, and, if necessary, involve company or government authorities.

For more information on an employer’s duty of care, see our article “Between Fever and the Duty of Care—Handling Illness in the Workplace Properly.”