Employers must record their employees’ working time. This duty already follows from the 2019 European Court of Justice ruling and the German Federal Labour Court decision of 13 September 2022; it applies regardless of any new statute. The start, end, and duration of daily working time must be recorded. A statutory duty to record electronically is planned but not yet in force.
Arbeitszeiterfassung (working time recording) is the employer's duty to document the start, end, and duration of employees' working time. It is the basis for being able to monitor maximum working hours and rest periods at all.
At a glance
- The duty already exists today: the Federal Labour Court derived it on 13 September 2022 (1 ABR 22/21) from the Occupational Safety Act, following the 2019 European Court of Justice ruling
- The start, end, and duration of daily working time must be recorded; no particular form is prescribed, so a manual record is enough
- It applies regardless of pay; only genuine senior executives are exempt (see Leitende Angestellte)
- There is currently no direct sanction for failing to record; a fine only becomes possible once a supervisory authority orders recording and the employer ignores it, so the ball is in the legislator's court
FAQ
Does the recording have to be electronic?
Not yet. Current law prescribes no particular form, so a manual record is enough. A duty to record electronically as a rule is set out in the draft of 18 June 2026, planned to take effect on 1 January 2027 (see Arbeitszeitgesetz).
Who is responsible for the recording?
The employer. It may delegate the actual recording to employees, but responsibility for a functioning system and for compliance stays with it.
Does the duty apply to high earners and managers?
Yes, regardless of the level of pay. Only genuine senior executives are exempt; a high salary or a title alone is not enough.
Last updated: August 2026
This article provides general information and is not a substitute for legal advice in individual cases.
