On 13 September the Federal Labour Court (BAG) handed down a ruling that will oblige German companies to systematically count their employees' working time in almost all cases (mobile working, trust-based working systems). The court’s decision comes at a time when the practice of recording working time is declining in the country. The judges, who have not yet published their reasons, do not specify the methods to be used.
On 13 September the Federal Labour Court in Erfurt ruled that companies must systematically record the working hours of their employees (Case No. 1 ABR 22/21). The decision stemmed from a case involving a private nursing home’s works council (Betriebsrat), which believed it held a right of initiative to introduce electronic working time recording.
Application of a 2019 European Court of Justice decision. At present the German Working Time Act does not provide for an obligation to record working
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