What companies need to know about the obligation to record working hours in Germany

Recording working hours is now a legal obligation in Germany, not a voluntary administrative measure. In 2019, the European Court of Justice (ECJ) ruled that employers in the EU must provide an objective, reliable and accessible system for recording working hours. In September 2022, the Federal Labour Court (BAG) in Erfurt confirmed this obligation, emphasising that the provisions of the Occupational Health and Safety Act apply to all employees without restriction.

The legal situation: What applies, even without a new law?

Although the formal implementation into German labour law is still pending, companies are already obliged to document the hours worked. The legally prescribed maximum working hours must not be exceeded, and rest periods must be observed — regardless of industry, company size, or collective agreement.

This has direct consequences for many organisations that have previously relied on trust-based working time models. While these are not impermissible per se, they do not satisfy the statutory documentation requirement. In future, actual working hours must be recorded in a traceable manner, whether in the office, working from home, or out on business.

Why digital time recording systems are now crucial

Although this form of documentation is not yet legally required, manually recording times on paper or in Excel spreadsheets is prone to errors and time-consuming. Furthermore, such records cannot be evaluated. A digital time recording system offers clear advantages in this respect: It enables legally compliant working time recording, reduces administrative workload, and creates transparency for employees and managers. Furthermore, a digital system provides the basis for other time management solutions, such as workforce scheduling and management. This establishes end-to-end processes, from time recording at the terminal or via an app, to the automated transfer to payroll accounting or ERP systems.

Political outlook: Are weekly maximum working hours replacing daily eight-hour days?

The current government is taking the obligation to record working hours very seriously, but this is to be accompanied by more flexibility in terms of maximum working hours. In July 2025, Chancellor Friedrich Merz (CDU) announced in the press that the daily maximum working time limit would be replaced by a weekly one. While such solutions offer greater flexibility, it is essential to document working hours to ensure occupational health and safety.

Companies that invest in digital working time recording solutions now enjoy legal certainty, as well as legally compliant documentation, transparency and increased employee satisfaction. Those who act now are safeguarding themselves legally and organisationally.