The Mandate for Time Tracking in Germany: Understanding the Legal Landscape
In Germany, employers are required to meticulously record all employee working hours, a mandate reinforced by the Federal Labour Court (BAG) ruling on September 13, 2022. This decision interprets Section 3(2) No. 1 of the German Occupational Health and Safety Act (ArbSchG) in alignment with EU regulations, emphasizing the need for comprehensive time tracking, not limited to overtime. With the proposed amendment from the Ministry of Labour and Social Affairs, electronic recording of daily working hours could become mandatory by December 2025. However, alternative methods like Excel remain permissible until then.
Such regulations demand that employers capture the start, end, and total duration of working hours, including breaks. The law also stipulates maximum working hours of 8 to 10 hours per day, provided the average does not exceed 48 hours per week over a 24-week period. Non-compliance could lead to fines up to EUR 30,000, highlighting the critical nature of adherence.