Working hours
"We don't record hours here."
There is no time recording at the company, and overtime "disappears".
§ 3 Abs. 2 ArbSchG / BAG 13.09.2022 – 1 ABR 22/21
The boss may NOT do that
The company must record your working time.
Since the Federal Labour Court decision of 13 Sep 2022 it has been clear: employers in Germany are obliged to record the start and end of working time of their employees (derived from § 3 (2) no. 1 ArbSchG, following the 2019 ECJ ruling). How exactly — time clock, app or spreadsheet — the company may decide, but "not at all" is not an option. For trainees this is doubly important: overtime must be paid or compensated (§ 17 (7) BBiG), and that only works with proof. Regardless of that, you may always record your times yourself — your own prompt notes are important evidence in a dispute.
What the law says
BAG 13 Sep 2022 – 1 ABR 22/21
Under § 3 (2) no. 1 ArbSchG, employers are obliged to introduce a system that records the start and end of daily working time.
§ 16 (2) ArbZG – Records
Working time exceeding eight hours on working days must be recorded and kept for at least two years.
§ 17 (7) BBiG – Additional work
Employment beyond the agreed training time must be paid or compensated with time off.
What you can do
- Write down start, end and breaks every day yourself — ideally right away.
- A time-tracking app with dates is better than notes on scraps of paper.
- If there is a works council, ask them about time recording.
- Your records also help with your training log.
Email template for your trainer
Subject: Recording my working hours
Dear [name of trainer],
I have noticed that my working hours are not currently being recorded. According to Federal Labour Court case law (BAG 13 Sep 2022 – 1 ABR 22/21), the employer is obliged to record the start and end of working time.
Please let me know how my hours will be recorded in future. Until then I will keep my own record, which I am happy to show you regularly.
Kind regards
[Your name]
More cases: Working hours
- You're working overtime today!
- You're coming in Saturday too!
- A break? Just power through!
- You're taking the late shift!
- Back at 6 tomorrow morning — you were here until 10pm yesterday.
- We're taking those two hours off you again.
- You just have to be reachable — that doesn't count.
- Getting to the construction site is your problem.
- You're working six days this week.
- We're open on the public holiday — you're in.
- Pop into work before school.
- Changing clothes is your own time — before and after.
- Work from home today, but don't keep asking.