Mandatory time recording: what companies need to know

The development of time recording can be traced through four key decisions. They show how the requirements have become more specific step by step.

While the ECJ and BAG have shaped the central guidelines, decisions such as the one by the Emden Labor Court primarily show the importance that traceable documentation can have in the event of a dispute.

The court decisions result in clear requirements for companies regarding the documentation, verifiability, and organization of working time. These include the following points in particular:

• Document working hours completely — the start, end, and duration of daily working time must be recorded in a traceable way.
• Keep maximum working hours and rest periods in view — compliance with legal requirements must be ensured organizationally and, in case of doubt, be traceable.
• Record breaks individually — an automatic break deduction does not replace proof that breaks were actually taken.
• Organize trust-based working time correctly — even with trust-based working time, the obligation to record the working time actually performed does not cease to apply.

What matters is not only the recording itself, but also a process that makes corrections, approvals, and evaluations traceable.

Why digital time recording is becoming increasingly important

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The focus is on time recording solutions — such as terminals, software, and interfaces to payroll or ERP systems. When time recording is combined with access control, identification credentials, access readers, and access managers may also be relevant. Depending on the starting situation, different solutions can be used for this:

Outlook: will weekly maximum working time replace the daily eight-hour day?

The discussion around making working time more flexible is continuing at the political level. Federal Chancellor Friedrich Merz stated in July 2025 that he supports a stronger focus on weekly rather than daily maximum working time. There is also political debate about whether the Working Hours Act should be amended accordingly. However, concrete legislative implementation remains to be seen.

Regardless of future developments, reliable documentation of working time remains important to ensure occupational health and safety, verifiability, and organizational transparency. Especially with more flexible working time models, traceable time recording is likely to become even more important.

Companies that structure their time recording now create a better foundation for transparent processes, reliable evidence, and future adjustments. A digital solution can help document working hours traceably, simplify reporting, and make existing processes more efficient.