The Working Time Recording Act: What measures employers should still take in

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With its ruling, the European Court of Justice has presented employers with an enormous need for action. As experts in time recording, we do not offer legal advice, but we can still give you an overview of the advantages and disadvantages and provide tips on the requirements for a time recording system.

Judge's gavel on white background with European Court of Justice logo
Disclaimer: All information on the pages of this website is for general information purposes only. It does not constitute legal advice in individual cases and cannot and should not replace such advice.

In response to the BAG ruling on mandatory time recording, we have put together a package at short notice that will allow you to record working hours in your company in a legally compliant manner. Simply via smartphone app. Ready to go straight away.

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1. How did the ECJ come to its decision?
The ruling was preceded by a lawsuit filed by the Spanish union  against the local branch of Deutsche Bank. The union wanted to persuade the bank to record its employees' working hours in future in order to comply with Cell Phone Number Database the legally prescribed scope. Spanish labor law does not provide for such a rule. To justify its lawsuit, the union cited the documentation requirement under the EU Charter of Fundamental Rights and the Working Time Directive . The Spanish court then referred the lawsuit to the European Court of Justice (ECJ).

You can find the official press release on the ruling here . In short: The ECJ requires European member states to introduce systematic time recording in their companies.

What does the ECJ ruling mean for trust-based working hours and home office? Are timesheets still permitted? And what rights does the works council or staff council actually have? In our eBook you will find detailed answers to all of these questions.

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2. How does the ECJ justify its judgment?
The ECJ emphasizes that it is a fundamental right of employees to have maximum working hours limited and to observe daily and weekly rest periods . This is intended to protect the health of employees. In order to comply with the EU Charter of Fundamental Rights, the ECJ obliges its member states to ensure that these rights are observed. Every European employer must record the working hours of its employees .

However, each nation is free to decide on the precise design of this directive. However, the recorded working hours must be reliable and objective . At the same time, they must be visible to employers and employees. This is the only way to report violations by both sides to the relevant authorities.  



How exactly does time tracking work? In our detailed guide you will find all the information about the goals and possibilities of time tracking. You will also find out who time tracking is suitable for and which times must be recorded as working hours.

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3. When does the time recording law come into effect?
The federal government has not yet transposed the directive into national law. However, several German labor courts are already citing the ECJ ruling in their case law. On September 24, 2020, the Emden Labor Court, for example, awarded an employee 20,000 euros for overtime worked. In its case law, the court is citing the ECJ directive. Employers must therefore already expect consequences from the ECJ ruling. With its ruling of September 13, 2022, the highest German labor court (BAG) is now also referring to the ECJ ruling and thus requiring time recording.

Employee records her working time in the browser
4. How are working hours currently recorded in Germany?
Before the ECJ ruling, there was no general obligation to record working hours in Germany. According to Section 16 of the Working Hours Act, overtime and working hours on Sundays and public holidays must still be recorded. Time recording has also been mandatory for employees who are paid the minimum wage since January 1, 2015. All breaks and working times must be fully documented . The responsibility for this lies with the employer, even if he delegates the actual execution to the employees.