Blog post by Paul Stricker, The HR Society GmbH
TIME TRACKING
Time tracking: Not a nice-to-have – but a legal obligation with consequences
Time tracking: Not a nice-to-have – but a legal obligation with consequences
Many companies still believe that the time tracking obligation only applies to production employees or large corporations. This is a costly misconception.
The legal situation is clear:
- The ECJ (2019, confirmed 2024/25) obliges all EU member states to introduce objective, reliable and accessible time tracking systems – for all employees, including managers and domestic workers.
- The Federal Labour Court (BAG) (13.09.2022) adopted this into German law without a transition period.
- The Hamburg Administrative Court (VG Hamburg) (2025) even ordered an international law firm to record the working hours of lawyers.
- The Schleswig-Holstein Regional Labour Court (LAG Schleswig-Holstein) (2023) confirmed: Even small companies are affected. Manual recording is only permissible if it is complete, traceable and tamper-proof.
Facts instead of hope:
- Fines of up to €30,000 for non-compliance
- Reversal of the burden of proof: If documentation is missing, an employee’s plausible statement is sufficient – back payments often amount to five or six figures
- Project delays, contractual penalties, lost revenue due to missing evidence
- Unreliable resource planning due to lack of data
And internationally?
- Spain: From 2025/26, digital obligation for companies with >50 employees
- France: Systems must be CNIL-compliant and tamper-proof
- Portugal: Applies explicitly to remote work as well
Check now whether your system complies with the law – before the authority does.