{"id":64105,"date":"22. May 2025 <\/span> Digital transformation <\/span> Working world","date_gmt":"2025-05-22T06:03:10","guid":{"rendered":"https:\/\/www.teamhero.de\/is-digital-working-time-recording-mandatory\/"},"modified":"2025-08-25T13:56:49","modified_gmt":"2025-08-25T11:56:49","slug":"is-digital-working-time-recording-mandatory","status":"publish","type":"post","link":"https:\/\/www.teamhero.de\/en\/is-digital-working-time-recording-mandatory\/","title":{"rendered":"Is digital working time recording mandatory?"},"content":{"rendered":"

Many companies (in Germany) are concerned with the issue of mandatory working time recording. The focus is particularly on digital time recording. <\/span><\/p>\n

Is there already a legal obligation here? The legal situation was unclear for a long time, but recent rulings and legislative initiatives are bringing movement to the issue. It is time to create clarity, because ignorance does not protect against possible consequences. <\/span><\/p>\n

Our article sheds light on the current status, explains the background and shows why a proactive approach to digital time recording makes sense now.<\/span><\/p>\n

\"Person<\/p>\n

Is electronic time recording mandatory? An overview of the legal situation. <\/span><\/h2>\n

The discussion about mandatory working time recording is not new. For a long time in Germany, the <\/span>Working Hours Act<\/span><\/a> (ArbZG) primarily stipulated the obligation to document overtime as well as work on Sundays and public holidays. With the exception of certain sectors (e.g. in accordance with the Minimum Wage Act), there was no explicit requirement to record all working hours. <\/span><\/p>\n

The impetus from Europe: the 2019 ECJ ruling<\/span><\/h3>\n

The European Court of Justice (ECJ) set the ball rolling in May 2019 with the so-called <\/span>“time clock ruling”<\/span><\/a>. In a case from Spain, in which the trade union Comisiones Obreras took Deutsche Bank to court, the ECJ ruled that EU member states must oblige their employers to set up a system for recording working hours. <\/span><\/p>\n

The system must fulfill three central criteria: It must be objective, reliable and accessible. The aim was to ensure compliance with the EU Working Time Directive, which protects daily rest periods and maximum weekly working hours. <\/span><\/p>\n

This ruling increased the pressure on the German legislator to adapt the national regulations. However, this did not make a specific form of recording, such as electronic time recording, mandatory. <\/span><\/p>\n

Clarity from the Federal Labor Court: BAG ruling 2022<\/span><\/h3>\n

In September 2022, the <\/span>Federal Labor Court<\/span><\/a>e<\/span>court<\/span><\/a> (BAG) facts. The judges derived from the German Occupational Health and Safety Act (ArbSchG) a fundamental obligation for employers to introduce a system with which the entire working time of employees can be recorded. <\/span><\/p>\n

This means that the start, end and therefore the duration of the daily working time must be documented. The BAG clarified that the obligation to record time already exists<\/strong>. <\/span><\/p>\n

However, the BAG ruling did not specify the form of time recording. <\/span><\/p>\n

Whether a traditional timesheet, Excel spreadsheet or a digital solution should be used was initially left open. In addition, the Occupational Health and Safety Act itself does not provide for any direct fines for breaches of this specific recording obligation. <\/span><\/p>\n

Nevertheless, the message was clear: employers must act. The question was no longer whether, but how to implement time recording and when specific digital time recording will become mandatory. <\/span><\/p>\n

The next step: The BMAS 2023 draft bill<\/span><\/h3>\n

In order to concretize the requirements of the ECJ and the decision of the BAG, the <\/span>Federal Ministry of Labor and Social Affairs (BMAS)<\/span><\/a> presented a draft bill to amend the Working Hours Act in April 2023. <\/span> <\/p>\n

This draft provides for electronic working time recording to become the rule. Paper-based records that are merely scanned in retrospect will no longer be sufficient. <\/span><\/p>\n

According to the draft, employers should record the start, end and duration of daily working hours electronically and on the same day. Various digital solutions such as time recording software, apps or digital terminals would be permitted. The obligation to record time digitally would thus be clearly enshrined in law. <\/span><\/p>\n

Important details from the draft law<\/span><\/h3>\n

The 2023 draft bill contains other important points that show where the journey could take us:<\/span><\/p>\n