Recording working time is mandatory. What does your employer do?

What has applied since 2022

On 13 September 2022 the Federal Labour Court wrote a sentence that surprised a lot of HR departments: under section 3(2) no. 1 of the Occupational Safety and Health Act, employers must record the start and end of their employees’ daily working time. The case was really about whether a works council can force an electronic system on the company. The court said no, and along the way it also said: recording is required anyway.

Behind this is a judgment of the Court of Justice of the EU from 14 May 2019 (C-55/18). It calls for an “objective, reliable and accessible” system to measure daily working time. So the duty does not start when a new law arrives. It is already there.

Paper is fine, and you may do the writing

Many people picture time clocks and key fobs. The Federal Labour Court is more relaxed. In its words, recording does not have to be electronic in every case, and depending on the job and the company, paper records can be enough. The employer may also hand the actual writing down to employees. The employer stays responsible for the system.

For Mika, who works in a small office without any system, this means: a timesheet he keeps himself is not a vote of no confidence. It is pretty much the form the court considers possible.

What the 2026 draft plans

In June 2026 a draft for a new Working Time Act from the Federal Ministry of Labour became public. According to employment lawyers who have read it, start, end and length of working time would have to be recorded electronically on the same day and kept for at least two years. Employers with up to ten staff could keep recording another way for good, on paper for example. The electronic duty would come with transition periods: one year in general, two years below 250 employees, five years below 50.

Note the word “draft”. No cabinet decision was known by mid-October 2026, and the Bundestag and Bundesrat would still follow. The draft names no fixed start date. What ends up in the law can still change, for example whether a weekly limit replaces the eight-hour day.

Mini-jobs: this duty is old news

For mini-jobs the rule has been clear for years. Under section 17 of the Minimum Wage Act, employers must record start, end and length of daily working time for marginal employees, by the end of the seventh day after the work at the latest, and keep the records for at least two years. If you have a mini-job and have never seen a timesheet, it is fine to ask. The numbers from January are in the article Minimum wage and mini-jobs in 2027.

What you can do if nothing gets recorded

• Write it down yourselfStart, end, break, every day. It helps if paid overtime is ever at stake, because in a dispute you have to set it out and prove it.
• On the same dayWhat you enter in the evening is right. What you rebuild at the end of the month gets fuzzy.
• Ask, do not accuseA line like “How do we actually record our hours?” often does it. If there is a works council, go there first.
• No company data in private notesTimes and a short reason are enough. Client names and internal details do not belong in your private record.

And Fieravend?

Fieravend exists for exactly this gap: a timesheet that belongs to you, on your device. It does not replace the system your employer ought to have. It makes sure you know your own hours, even when nobody else is counting. What a record that holds up looks like is explained in Proving overtime.

Quick questions

Does my employer have to record my working time?

According to the Federal Labour Court’s decision of 13 September 2022 (1 ABR 22/21), yes: the start and end of daily working time. Exceptions exist only where the legislator has made different rules allowed by EU law.

Does time recording have to be electronic?

Not necessarily, as things stand. The Federal Labour Court accepts paper in some companies. The 2026 draft plans electronic recording with transition periods, but it is not law yet.

When does the new Working Time Act apply?

That is not settled. As of mid-October 2026 there was a ministry draft but no cabinet decision.

Sources

1. Federal Labour Court, decision of 13 September 2022, 1 ABR 22/21 (headnote, para. 65, German)
2. Court of Justice of the EU, judgment of 14 May 2019, C-55/18 (CCOO)
3. Section 17 Minimum Wage Act (records, German)
4. Stein Rechtsanwälte: Working Time Act reform 2026, ministry draft (14 July 2026, German)
5. Digitally Done: time recording in 2026 and 2027 (status 12 October 2026, no cabinet decision, German)

All sources checked on 21 October 2026. This article explains things in general and is not legal advice. For questions about your own case, a works council, union, the Chamber of Labour (Austria) or an employment lawyer can help.