The Mandate for Time Tracking in Germany: Legal Foundations
Time tracking is a legal requirement for all employers in Germany, following the European Court of Justice's ruling on May 14, 2019, and the German Federal Labour Court's decision on September 13, 2022. These rulings mandate the recording of employees' working hours, breaks, and overtime to ensure compliance with the Arbeitszeitgesetz (Working Hours Act). The legislation applies to all businesses regardless of size or sector, emphasizing the need for a reliable system to measure daily work hours. This requirement is not just about tracking overtime but encompasses all working hours, reflecting the broader European initiative for worker protection.
The importance of accurate and electronic time tracking becomes more pronounced as future amendments, expected by 2025, will require electronic documentation of working start and end times, breaks, and overtime hours. Employers who fail to comply face penalties up to EUR 30,000. Thus, businesses must proactively adopt compliant systems to align with these comprehensive legal obligations.