Fundamentals of Working Time Recording in Germany
In Germany, the recording of working hours is subject to the provisions of the Working Time Act (Arbeitszeitgesetz, ArbZG)
This law regulates the working hours for the majority of employees, with specific regulations for certain groups such as young people, civil servants, ship crews, or executive staff.
Objectives and Regulations of the Working Time Act
The ArbZG pursues two main objectives: protecting employees from exploitation and granting a certain degree of flexibility to employers.
It defines, among other things, the duration of working hours including rest periods, the handling of on-call services and night work, as well as rules for special shifts, breaks, and overtime.
Maximum Working Hours and Break Regulations
According to the ArbZG, working hours on weekdays must not exceed eight hours, with Saturday counting as a weekday.
After six hours of work, a break of at least 30 minutes is prescribed, and after nine hours, a break of 45 minutes. Following the end of the daily working hours, an uninterrupted rest period of at least eleven hours must follow.
Exceptions and Night Work
The law also provides exceptions to the eight-hour limit, for example, in emergencies or shift work.
Special provisions apply to night work between 10 pm and 6 am, including health checks and consideration of family obligations.
Obligations for Time Recording
A ruling by the European Court of Justice and a decision by the Federal Labor Court demand a complete recording of working hours.
Currently, working hours that exceed eight or ten hours must be documented. These records must be kept for two years.
Requirements for Time Recording
The ArbZG does not prescribe a specific form of time recording as long as the exceeding of the eight-hour limit is evident.
Employers can delegate the recording to employees but remain responsible for accurate documentation.
Working Time Accounts and Legal Ambiguities
Working time accounts must be balanced within twelve months.
However, there are legal gray areas, for example, regarding the documentation of working hours on Sundays and public holidays and the handling of compensatory time.
Time Tracking as a Solution to Legal Obligations
Almost all companies use a software solution for time tracking to document working hours. These offer employees unique advantages in user-friendliness, optimize processes, and facilitate seamless documentation of working hours.
Take the time to review different options and do not hesitate to use a trial version to get a feel for the software.