The long-awaited first draft bill on the statutory implementation of the obligation to record working hours in Germany has been released. Among other things, the Federal Ministry of Labor and Social Affairs (“BMAS”) envisions a duty to record working hours electronically. While a considerable number of amendments are still to be expected before it comes into force, the draft bill gives an indication of where the journey could lead.

In its September 2022 decision on the recording of working hours (Case No. 1 ABR 22/21), the German Federal Labor Court (Bundesarbeitsgericht, or BAG) not only attracted a great deal of attention among employers and employees in Germany, but also gave the legislature homework to create a more defined statutory implementation of the obligation to record working hours. Shortly after publication of the reasons for the decision, the Federal Minister of Labor, Hubertus Heil, announced that a corresponding draft bill would be presented in the first quarter of 2023. Although eagerly awaited, the March 31, 2023 deadline passed without any sign from Berlin. Then, on April 18, 2023, the Süddeutsche Zeitung first reported on a draft bill it had received. The following is an overview of the possible legal changes this draft bill would create.

What the BAG decided in September 2022

On September 13, 2022, the BAG ruled on the question of whether employers must provide a system for recording working time and thus comprehensively record the working time...

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