Reform of the Working Hours Act: Draft law on recording working hours

With the draft law, the Federal Ministry of Labor is reacting to the decisions of the ECJ from 2019 and the Federal Labor Court from 13.09.2022 , according to which employers are obliged to systematically record working hours.

The draft law, which has so far only been revealed in press releases, provides for an obligation to electronically record employees' daily working hours. The recording obligation is to include the start, end and duration of employees' daily working hours.

The obligation to record working time is generally the responsibility of the employer. However, the employees themselves or a third party, e.g. a supervisor, should also be able to record their working hours.

According to the draft bill, deviating changes and exceptions through collective agreements should be possible. Furthermore, the obligation should not apply to small companies with up to ten employees.

The draft law is now to be coordinated within the federal government. It remains to be seen what specific regulations the draft bill on working time recording will contain.

Date: 19. Apr 2023