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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

  1. Write down start, end and breaks every day yourself — ideally right away.
  2. A time-tracking app with dates is better than notes on scraps of paper.
  3. If there is a works council, ask them about time recording.
  4. Your records also help with your training log.
Email template for your trainer

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