Working Hours and Time Recording Obligation
The German federal government is planning a reform of the Working Hours Act. Regardless, clear rules already apply today that companies with employment contracts under German law must observe.
Maximum Working Hours
The daily working time is generally a maximum of 8 hours per working day. It can be extended to up to 10 hours if an average of 8 hours per working day is not exceeded within 6 months or 24 weeks. This results in a regular maximum working time of 48 hours per week.
Breaks and Rest Periods
• 30-minute break for more than 6 to 9 hours of work
• 45-minute break for more than 9 hours
A rest period of at least 11 hours must be observed between two working days.
Obligation to Record Working Hours
According to the jurisprudence of the European Court of Justice and the Federal Labor Court, all employers are obliged to record the start, end, and duration of daily working hours.
This obligation generally applies to all companies – including small businesses. Only executive employees are exempt.
The law does not prescribe a specific form of time recording. Possible methods include, for example:
• digital time recording systems or HR software
• apps for employee time tracking
• electronic spreadsheets (e.g., Excel)
• traditional paper timesheets
It is important that the system is objective, reliable, and accessible. Even with trust-based working hours, working time must generally be documented.
Controls and Sanctions
Compliance with the regulations is monitored by the occupational safety authorities of the federal states. Violations of working time, break, or documentation obligations can result in fines of up to 30,000 euros.
