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Working-time recording: the employer's duty, protection for you

When do you start, when do you finish, how much overtime adds up? So that this does not stay in the dark, employers must record working time. That protects you above all, for example in proving extra work.

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Under case law (the Federal Labor Court, BAG, based on the ECJ), employers are obliged to introduce and use a system for recording working time. The precise statutory arrangement is still being specified, but the duty to record already exists.
For you, time recording is an advantage: it helps to prove work performed, especially overtime. In a dispute over pay for extra work, documented working time makes the proof considerably easier.

What you should do now

  1. 1

    1. Demand recording

    If there is no time recording in your operation, you can point out the duty (via the works council if applicable).

  2. 2

    2. Document it yourself

    Until then, note your working times and overtime as precisely as possible (start/end/breaks).

  3. 3

    3. Assert overtime

    For pay for overtime, the documented time is an important proof.

  4. 4

    4. Co-determination

    On the arrangement of the time recording, the works council (if one exists) has a right of co-determination.

Frequently asked questions

Must my employer record working time?

Yes. Under the case law of the Federal Labor Court, following the ECJ, employers are obliged to introduce and use a system for recording employees' working time. The concrete statutory arrangement (for example form, exceptions) is still being regulated, but the fundamental duty already exists.

Does time recording help me with overtime?

Yes, very much. Anyone who wants overtime paid must as a rule set out and prove that it was ordered or tolerated and actually performed. Documented working time makes this proof considerably easier. Note your times precisely as long as there is still no operational recording.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.