“Time clock? That’s for grandma’s factory!” Anyone who thinks that way risks a fine faster than the barista can serve the first cappuccino. Since the Federal Labor Court’s decision of September 13, 2022 (1 ABR 22/21), every company must introduce an “objective, reliable, and accessible” time tracking system – immediately, regardless of industry, size, or work model.
1 | Status Quo 2025: Obligation without its Own Law
Paradoxical, but true: The obligation stems directly from § 3 Abs. 2 Nr. 1 ArbSchG . A specific time tracking law is still stuck in parliamentary gridlock; the BMAS draft (electronic, entry no later than seven days after shift end, two-year retention) is awaiting approval. Transition periods? None. Supervisory authorities have long been checking – and know the BAG’s stance by heart.
2 | What are the Consequences if Nothing Happens?
Occupational safety authorities can already issue orders and sanction with up to €30,000 per violation. The draft aims to extend this upper limit soon to all documentation errors. So, whoever plays the “wait-and-see” game bets €30,000 on red – and the wheel spins monthly.
3 | Three Costly Myths
| Myth | Reality | Risk |
|---|---|---|
| “We have trust-based working hours – so nothing needs to be recorded.” | Even trust-based models require objective documentation; only the control remains trust-based. | Fine + lack of evidence in overtime lawsuits |
| “Excel is enough.” | Perhaps in the short term, but in the long term, policy demands tamper-proof software or terminals. | Conversion twice as expensive, evidential value questioned |
| “Student workers or freelancers are excluded.” | The obligation applies to all employees – including mini-jobbers, interns, external companies; only genuine managing directors are exempt. | Collective claims, intensive authority visits |
4 | Five Immediate Measures – Quick Affordable
- Choose a System
Cloud tool, terminal, or app – the main thing is that it’s tamper-proof, daily available, and GDPR-compliant (EU server, deletion concept). - Update Work Instructions
Clear rule: “Start, end, and breaks are to be entered on the same day.” Mobile teams use the app. - Involve the Works Council
Regarding the how of recording, the works council has full co-determination rights (§ 87 Abs. 1 Nr. 6 BetrVG). A clear works agreement saves endless discussions. - Establish a Control Process
Monthly spot checks for 11-hour rest periods and 10-hour daily limits. Reprimand violations in writing – otherwise, you will be held liable later. - Properly Regulate Data Protection
Retention for two years, access only “need-to-know”. Integrate information obligation according to Art. 13 GDPR into employee information.
5 | Case Study Cologne
A digital agency (five people) used handwritten time sheets. Following a complaint, the district government found missing records and repeated 10-hour overruns. Result: Immediate switch to electronic recording and a €5,000 fine per violation. A smartphone tool for four euros a month would have prevented this.
6 | My Offer – Concise, yet Precise
I review your contracts and policies, formulate legally sound service instructions, and represent you before authorities or in court if things are already critical. No workshops, no glossy audits – but targeted legal support, exactly where it’s needed.
Key takeaway: Not tracking working hours doesn’t save time – it costs it.
