Introduction
German working time law is again at the center of labor, constitutional, and European legal discussions. The focus is on the classic eight-hour model, recently fueled by the German Bar Association’s (DAV) call to end the “eight-hour corset.”
The modern workplace is changing fundamentally: mobile work, project-based tasks, trust-based working hours, and international collaboration across time zones challenge the traditional notion of linear daily working hours.
At the same time, the obligation for time tracking remains, as required by the European Court of Justice (ECJ) and the Federal Labor Court (BAG). Flexibility on one hand, precise recording on the other — can this coexist? Modern time tracking systems show that it can, if they are legally compliant, transparent, and intuitive.
I. Current Working Time Law: Normative Basis
1. National Regulations
The central law is the Working Hours Act (ArbZG). According to §3 ArbZG, the daily working time may not exceed 8 hours, but can be extended to 10 hours if, over a six-month reference period, an average of 8 hours per workday is maintained.
The goal: protect employee health, prevent overwork, and reduce long-term risks.
2. European Legal Framework
The Working Time Directive 2003/88/EC sets minimum standards for rest periods, breaks, and maximum working hours.
Key point: the weekly maximum of 48 hours, including overtime.
The ECJ has clarified this in several rulings, including the May 14, 2019 decision (C-55/18 — CCOO), which obliges employers to implement an “objective, reliable, and accessible system” to record daily working time.
II. Obligation to Track Working Hours: Status Quo
1. ECJ: Objectivity and Transparency
Time tracking is not an end in itself, but a tool to enforce legal working time limits. Without it, neither employees nor authorities can verify compliance with rest and maximum working hours.
The ECJ emphasizes: Member states may shape the system, but the obligation to record working hours is binding.
2. BAG: Implementation in German Law
With the decision of September 13, 2022 (1 ABR 22/21), the Federal Labor Court clarified: employers are required to implement a working time recording system, regardless of any formal amendment to the ArbZG.
III. German Bar Association Initiative: Flexibility Instead of Daily Maximum
The DAV argues that the eight-hour day is outdated for knowledge-based professions. Work often occurs in projects, waves, and phases of varying intensity.
“It is not the length of a single workday, but the total workload over a longer period that matters for health protection.”
DAV calls for orientation based on weekly or monthly working hours, combined with clear rest regulations.
IV. Contradiction or Synthesis? Flexibility and Time Tracking
At first glance, flexibility and minute-precise time tracking seem contradictory. But the opposite is true:
1. Flexibility Requires Verifiability
The more flexible the working day, the more important it is to prove compliance with legal limits. Without reliable time tracking, employers and employees face legal uncertainty.
2. Trust-Based Working Hours Are Not a Counter-Model
Trust-based working hours mean no control, not no documentation. The obligation to track working time remains — as a system, not as a surveillance tool.
V. Modern Time Tracking: From Control to Work Support
Many traditional systems feel like monitoring. Modern systems serve as tools for work and projects.
1. Project-Based Work Reality
In law firms, IT, agencies, and engineering offices, working time is used for billing, post-calculation, and resource planning. Precise, low-friction time tracking creates real added value.
2. Haptic Time Tracking as an Acceptance Factor
New systems combine digital apps with physical interaction, e.g., rotating an object to switch tasks. Benefits include:
- Immediate, objective recording
- Minimization of errors from retroactive entry
- Higher team acceptance by integrating into the workflow
VI. Legal Requirements for Modern Time Tracking Systems
Every system must meet these minimum standards:
- Objectivity: tamper-proof data
- Reliability: no data loss
- Accessibility: employees can view their data
- Data protection: GDPR-compliant, purpose-limited, minimal
Automated, audit-proof systems often meet these requirements better than manual solutions.
VII. Outlook: Reform Needs and Practical Consequences
The debate about ending the “eight-hour corset” will continue. Legislators are likely to allow medium-term flexibility, e.g., through weekly maximums.
Key points remain:
- Without functioning time tracking, reforms are not viable
- Time tracking is a prerequisite, not an obstacle, for modern work models
- Intuitive, haptic, and project-based systems combine legal certainty, transparency, and acceptance
Conclusion
The working time law debate should not be reduced to “more or less time tracking.” Quality and integration into real work life are decisive.
The DAV initiative is less an attack on labor protection than an invitation to rethink working time law and time tracking together.
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