Working time recording in Germany: what employers must record and how to keep it simple
Since a 2022 ruling of the Federal Labour Court, employers in Germany must record their employees' working time. Many small businesses still rely on trust or paper lists. Here is what applies, where the rules are stricter, especially in hospitality, and how to record time without extra bureaucracy.
The general duty
The Federal Labour Court ruled in September 2022 (1 ABR 22/21) that employers must introduce a system that records the start, end and duration of working time, based on the Occupational Safety and Health Act. The form is not prescribed, and recording can be delegated to employees, but the employer remains responsible. A law setting out the details has been under discussion for some time; check the current status.
Stricter rules for hospitality and mini-jobs
Under the Minimum Wage Act, employers of mini-jobbers and employers in certain sectors, including restaurants and hotels, must record the start, end and duration of daily working time no later than seven days after the work and keep the records for at least two years (§ 17 MiLoG). The minimum wage in 2026 is €13.90 per hour. Working time beyond eight hours a day must also be recorded (§ 16 ArbZG).
What to record
A practical record covers:
- Start and end of work, and breaks.
- Total working time per day.
- Overtime and how it is compensated.
- Corrections, with who changed what and why.
Simple digital recording
A time-tracking app on the phone or a terminal at the entrance replaces paper lists, calculates overtime and exports the data for payroll. In a restaurant, linking time tracking to the shift plan shows at once where planned and actual hours differ. Choose a tool with a data processing agreement; if there is a works council, it has a say in introducing such systems.
Costs and next steps
Time-tracking apps cost a few euros per employee and month. The work lies in the setup: rules for breaks and corrections, and the link to payroll and the shift plan. We connect time tracking, shift planning and the payroll export; tell us your tools and team size, and you will receive a fixed price.
Frequently asked questions
- Does trust-based working time still exist?
- Yes. Employees can still organise their own hours, but the time worked must be recorded.
- Do executives have to record their time?
- Senior executives within the meaning of the Working Hours Act are largely excluded. For everyone else, the duty applies.
- Is a spreadsheet enough?
- The form is open, but the record must be complete, reliable and available. Apps make this easier and reduce payroll errors.
Sources
Tell us your team size, shift planning and payroll tools. We will connect time tracking so that records and payroll match.
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