In light of structural changes in today's working world, psychological stress factors have particularly increased, while the existing stress factors remain unchanged. The demand for appropriate break design to ensure a human-centered approach to work has therefore not lost its significance. Initially, the European guidelines for break design will be examined. Since the national legal requirements presented later do not meet the minimum standards of the Working Time and Health and Safety Framework Directive, a directive-compliant interpretation of the entire national law must be conducted. The possibilities for legal enforcement by occupational safety authorities and the individual rights of employees will be explored. The investigation will be rounded off by a closer and more in-depth examination of the participation rights of the works council.