Systematically recording working time is mandatory in Germany. What that means in practice, who it affects and how to implement it without much effort - explained concisely.
The trigger was the European Court of Justice in 2019: employers must provide an objective, reliable system for recording daily working time. The Federal Labor Court (BAG) confirmed this requirement for Germany in its ruling of September 13, 2022 - derived from the Arbeitsschutzgesetz (Occupational Health and Safety Act). Since then: employers are obligated to record their employees' working time.
A statutory amendment to the Working Hours Act (Arbeitszeitgesetz), spelling out the details (such as electronic recording), is in preparation. The fundamental obligation already exists today, however - regardless of the exact status of the legislative process.
In principle all employers - regardless of size or industry. Even a small trade business with three employees is covered by this.
Certain sectors of the economy are additionally subject to the immediate recording obligation under § 2a Schwarzarbeitsbekämpfungsgesetz: the start, end and duration of daily working time must be immediately recorded and kept for at least two years. These include, among others:
Customs authorities specifically target these industries for inspections - complete, gapless records are especially important here.
At least Start, end and duration of daily working time - including overtime. Mere presence isn't enough; what counts is the actual hours worked. Breaks are generally deducted.
Both are allowed - paper timesheets and Excel spreadsheets aren't prohibited. In practice, though, they're error-prone, hard to evaluate, and a real time sink at month-end: slips get lost, figures are illegible, and typing them up costs hours.
Digital time tracking via an app solves this: employees clock in with a tap, balances and overtime are tallied automatically, and there's a clean export for payroll. That's exactly what Presio made.
Just need a template for now? Here's a free timesheet as PDF & Excel.
Violations of the requirements of the German Working Hours Act (ArbZG) can be punished with fines of up to 30,000 €. In the area of § 2a SchwarzArbG, there are also customs inspections and further sanctions. At least equally relevant: without clean records, a dispute (e.g. over overtime) quickly comes down to one person's word against another's.
Yes. Since the 2022 ruling of the Federal Labour Court (Bundesarbeitsgericht, BAG), employers have been required to systematically record their employees' working time - start, end and duration. This obligation applies regardless of whether the planned amendment to the law has already taken effect. So in 2026, too, employers must record working time.
In principle, for all employers and their employees. In some sectors - such as construction, the hospitality and accommodation industry, building cleaning, security and freight/haulage - the immediate recording obligation under § 2a SchwarzArbG additionally applies. Exceptions partly exist for senior employees.
Failure to comply with the Working Hours Act (Arbeitszeitgesetz) can result in fines of up to 30.000 €. In the sectors covered by § 2a SchwarzArbG, customs inspections and further sanctions may also apply. In addition, without reliable records, the employer is in a weak evidentiary position in disputes over overtime.
Legally permitted, but error-prone and open to manipulation in practice. What's required is a systematic, reliable process. An app records the times in a tamper-proof, traceable way and saves the later work of typing them up - reducing errors and effort significantly.
Presio tracks working hours legally compliant by app - web, iPhone & Android. Free to start until 31.10.2026, no credit card.
Try Presio for freeSign up, create your team, get started - try Presio free and with no obligation, no credit card needed.
Start your free trial