Mandatory Time Tracking in Germany

Mandatory time tracking in Germany: what the Working Hours Act and the Federal Labour Court ruling require, and how digital time tracking fulfils the obligation automatically. Try it now.

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What is required by law in Germany

The Federal Labour Court (BAG) has ruled that employers in Germany are obliged to introduce a system for recording working hours. The basis is the interpretation of the Occupational Health and Safety Act (ArbSchG) in the light of the ECJ ruling. In addition, the Working Hours Act (ArbZG) has long required employers to document overtime and Sunday work. In practice, this means: all working hours must be recorded – not just overtime.

Employers must introduce a working time recording system (BAG ruling)
The start, end and duration of daily working hours must be documented
Overtime and additional hours must be recorded separately (§ 16 para. 2 ArbZG)
Breaks and rest periods must be traceable
The obligation applies to all employers – regardless of size and industry
The recording may be delegated to employees – responsibility remains with the employer

What consequences are at risk if time tracking is absent

The consequences of missing working time records are varied – and go beyond fines. Labour protection authorities can request proof, employees can more easily enforce overtime claims, and in the event of workplace accidents, documentation of the hours actually worked is missing.

Fines for violations of the Working Hours Act – per case and per employee
Labour protection authorities can request records and issue orders at any time
Employees can more easily claim overtime when records are missing
In the event of workplace accidents, documentation of actual working hours and rest periods is missing
In the event of a dispute, the burden of proof lies with the employer – without a system, this becomes very difficult

What this means specifically for your company

The obligation is not abstract – it affects every working day, every employee and every place of work. Anyone still working with paper timesheets, Excel or no recording system at all must act now. The good news: a digital time-tracking solution automatically meets the requirements – every clock-in creates the required record, without any additional effort.

Mobile employees on construction sites, at client premises and working from home are also covered
Mini-jobbers and part-time employees are also subject to the recording obligation
Recording must take place promptly – not days or weeks later
Flexitime arrangements do not exempt employers from the recording obligation
No prescribed form – digital, electronic or paper-based options available

Flexible working hours, home office, mini-job – does the obligation apply there too?

Yes. The Federal Labour Court has made it clear: the obligation to record working hours applies comprehensively and without restriction. Flexible working hours do not mean that no recording is required – they simply mean that the employer waives fixed core hours. Working hours themselves must still be recorded. In the home office the obligation applies just as it does in the office. And for mini-jobbers there is in any case a separate recording obligation under the Minimum Wage Act. In practice this means: there is no employee for whom the obligation does not apply.

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Automatic recording with every clock entry

Timely, tamper-proof and without any additional effort

Every booking in Jobilino generates a timestamp accurate to the second. Start of work, breaks and end of work are documented automatically. Subsequent corrections are logged with a reason and timestamp. This is the timely, traceable recording that the law and case law require.

Overtime and rest periods calculated automatically

§ 16 ArbZG requires the recording of overtime

The Working Hours Act explicitly requires the documentation of overtime. Jobilino automatically calculates target and actual working hours and reports overtime separately. Statutory rest periods are monitored – and a warning is displayed if they are not met.

All data instantly retrievable during an inspection

The labour inspectorate is coming – open the dashboard

When the labour inspectorate requests records, you open the dashboard, filter by employee and time period, and export the data. No searching through folders, no collating time sheets. In seconds rather than hours.

For remote and mobile employees too

The obligation does not end at the office building

Employees working from home clock in via web browser. Employees on construction sites via app or NFC. Employees in the workshop via terminal. No matter where work takes place – time recording keeps running. A gap in recording is a gap in documentation.

13 languages for international teams in Germany

Employees without German language skills must be recorded too

In construction, cleaning, logistics and production, teams from many countries work side by side. The recording obligation applies to them as well. Jobilino is available in 13 languages: Albanian, Bulgarian, German, English, Italian, Croatian, Polish, Romanian, Serbian, Slovak, Czech, Turkish and Hungarian. Every employee clocks in in their own language – correctly and without booking errors.

Which industries in Germany are particularly affected

The obligation applies to everyone – but in these industries implementation is particularly challenging because employees do not work at a desk.

Construction and trades

Changing construction sites, international crews, no mobile coverage in shell construction. The offline app and crew recording by the site foreman solve the problem.

Building Cleaning

Multiple sites per day, proof of attendance for clients. NFC tags at each site automatically document presence and working time.

Logistics and Production

Shift operations, many employees at one location. A terminal at the entrance to the warehouse – everyone clocks in and out when entering and leaving.

Hospitality and Mini-Jobs

Mini-jobbers have their own recording obligation under the Minimum Wage Act. The app captures part-time workers accurately and without gaps.

FAQ

Häufige Fragen zur Arbeitszeiterfassung in Deutschland

Is working time recording mandatory in Germany?

Yes. The Federal Labour Court has ruled that employers are obliged to introduce a system for recording working time. The basis is the Occupational Health and Safety Act in conjunction with the ECJ ruling on working time recording. In addition, § 16 (2) of the Working Hours Act (ArbZG) requires the recording of overtime and Sunday work.

Does the obligation also apply to trust-based working hours?

Yes. Trust-based working hours means that the employer waives fixed core hours – not that no recording needs to take place. Working time itself must still be documented. Trust-based working hours and time recording are not mutually exclusive.

Do mini-jobbers also need to be recorded?

Yes. For marginally employed workers, the Minimum Wage Act (MiLoG) stipulates a separate recording obligation. The start, end and duration of daily working time must be documented and retained for at least two years.

What form must time recording take?

The form is not prescribed by law. Paper, Excel and digital systems are all generally permissible. In practice, a digital solution is recommended because it is timely, tamper-proof and immediately available during an inspection – characteristics that paper and Excel cannot reliably provide.

Does the obligation also apply when working from home?

Yes. The recording obligation applies regardless of the place of work. Employees working from home record their working time via a web browser or app – in exactly the same way as employees in the office, on a construction site or at a client's premises.

What happens if I have no time-tracking system in place?

Occupational health and safety authorities can request records and issue orders if they are absent. Violations of the Working Hours Act can be punished with fines. In the event of a dispute over overtime, the burden of proof lies with the employer – without a system, this proof is almost impossible to provide.

Does the works council need to be involved?

If a works council exists, it has co-determination rights regarding the introduction and design of a time-recording system under § 87 (1) No. 6 of the Works Constitution Act (BetrVG). The obligation to record working time itself is not open to negotiation – but the specific design of the system should be agreed with the works council.

How do I fulfil the obligation with Jobilino?

Jobilino automatically records the start, end, breaks and overtime with every clock-in – via app, NFC or terminal. Subsequent corrections are logged. All data is immediately retrievable and exportable. From €5.99 per employee per month. Try it free – no contract required.

Try time tracking for Germany now, free of charge

Register, add employees, distribute the app – and from tomorrow your business will automatically fulfil its statutory obligation to record working hours. No contract commitment and no credit card required.