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Working Working Hours Protection Questions and Answers on Recording Working Hours 08. August 2025 Article WORKING HOURS RIGHT Questions and Answers on Recording Working Hours Here are answers to some of the most common questions about recording working hours. The German Federal Labour Court (BAG) has ruled in a decision dated September 13th, 2022 (Case No. 1 ABR 22/21), that all working time of employees in Germany must be recorded. Employers are required by Section 3(2)(1) of the German Work Protection Act (ArbSchG) - in accordance with EU law - to introduce a system which can record the working hours worked by employees. Thus, the BAG has decided definitively that the European Court of Justice's (ECJ) ruling of May 14th, 2019 (ECJ Case No. CCOO) must also be taken into account by German employers.

What did the Federal Labour Court (BAG) decide in its decision dated September 13th, 2022 (Case No. 1 ABR 22/21)? What is Section 3(2)(1) of the German Work Protection Act (ArbSchG)? What did the ECJ decide in its ruling of May 14th, 2019 (ECJ Case No. CCOO)? Is it enough for employers to record working time according to the current provisions of the German Working Time Act after the BAG decision? Can employers wait to introduce working time recording until the Working Time Act is adjusted to match BAG jurisprudence? What does this BAG decision mean for trade unions? Do they have a say if the employer wants to introduce an electronic working time recording system? How often do working hours need to be recorded? What exactly needs to be recorded by employers? How and when should working hours be recorded? Can employers delegate the recording of working hours to their employees? Can agreements on trust time still be made? What about mobile workers? Who will monitor the working time recording? Will there be a more detailed legal framework for working time recording?

You can download this Q&A as a PDF document. For further information, please see: Working Time Protection Working Time Act ARBEITSRECHT GO UP ARBEIT SOZIALES EUROPA UND DIE WELT MINISTERIUM SERVICE WORKING AT THE BMAS Citizen phone / contact Barriere melden Accessibility statement User guidelines Data protection Impressum Table of contents Newsletter © Bundesministerium für Arbeit und Soziales