In the EU, employers are expected to record the daily working time of their employees. In 2019 the Court of Justice of the European Union ruled that member states must require employers to set up a system that measures each worker’s daily working time. How strict the rules are depends on the country: in Germany and the Netherlands, for example, recording working time is already mandatory. Digital time tracking is the simplest way to stay on top of it.
Why is time recording mandatory in the EU?
Time recording is mandatory because it is the only reliable way to check whether limits on working hours and minimum rest periods are respected. Those limits protect the health and safety of employees. Without a record, nobody can tell whether someone works too long or rests too little.
The 2019 ruling of the EU Court of Justice
On 14 May 2019 the Court of Justice of the European Union ruled that member states must require employers to set up an objective, reliable and accessible system to measure the daily working time of each worker. The ruling is addressed to the member states: each country decides how to put the obligation into its own law.
How countries apply the ruling
Countries implement the ruling in different ways. Two examples from our home markets:
- Germany: since a decision of the Federal Labour Court on 13 September 2022, all employers must record the start, end and duration of daily working time. According to the Federal Ministry of Labour (BMAS), there is currently no required format, and the government plans to make electronic recording mandatory.
- The Netherlands: under the Working Hours Act (Arbeidstijdenwet), employers keep a proper record of working and rest times. According to the Netherlands Labour Authority, you keep this record for at least 52 weeks.
For other countries, check the rules of the national labour authority.
What should you record?
A good time record shows, per employee, when they started and finished work and which breaks they took. That way you can show actual working time and rest periods. In practice this list works well:
- Start and end time of every working day or shift
- Breaks, so the actual working time is correct
- Overtime and deviations from the regular schedule
- Leave and sickness, so planned and worked hours match
- Corrections with date and reason, so the record stays verifiable
Can you record working time on paper?
In Germany and the Netherlands paper is currently allowed, because neither country prescribes a format. Other countries may set stricter requirements, so check your local rules. In practice, more and more companies switch to a digital solution, because paper means a lot of manual work and mistakes.
Ways to record working time compared
| Method | Effort | Risk of errors | Works on location |
|---|---|---|---|
| Paper timesheet | high, data must be retyped | high | limited |
| Excel | medium, formulas and checks needed | medium | limited |
| Time tracking app or software | low, hours are calculated automatically | low | yes |
| Time clock with badge or chip | low in daily use, but needs hardware | low | no |
Still working in spreadsheets? Our guide to tracking hours in Excel helps you get started.
What happens if you do not record working time?
If you do not record working time where it is mandatory, the labour authority can order you to fix it and impose fines. In Germany the labour protection authorities of the federal states enforce the rules; in the Netherlands it is the Netherlands Labour Authority. The exact sanctions are set by each country.
There is also a practical risk: without a record you have no verifiable overview in a dispute about overtime or rest periods.
How to set up mandatory time recording in five steps
You set up mandatory time recording best step by step, and you involve your team from the start. These five steps work in practice:
- Step 1: List the working time models you use, such as full-time, part-time, shifts or flexible hours.
- Step 2: Choose a method that fits your working day and test it during a trial.
- Step 3: Agree who records, who approves and how corrections work.
- Step 4: Inform your employees and, if you have one, the works council before you start.
- Step 5: Check in the first weeks whether all hours are complete and adjust the setup.
An example: a service company with 25 employees, eight of them part-time, keeps one Excel sheet per person. After the switch, everyone clocks in and out via the app, the manager approves the week and management sees at a glance who is building up overtime. The monthly round of chasing 25 spreadsheets disappears.
Time recording with HoorayHR
HoorayHR is all-in-one HR software for SMEs with 10 to 500 employees, in which you manage time recording and the rest of your HR in one place. Employees log their hours per day or per week, with the timer in the app, on desktop or with a QR code on location. We calculate overtime automatically, and managers or admins approve submitted hours.
Leave and sick days sit in the same system through absence management, and you export reports per project or period for payroll. For an overview of tools, see our comparison of the best time tracking software for SMEs.
Good time recording is more than an obligation: you spot overwork earlier, plan better and always have the numbers for payroll and conversations at hand.
Is time recording mandatory in the EU?
The Court of Justice of the European Union ruled in 2019 that member states must require employers to measure the daily working time of each worker. Each country puts this into its own law, so the exact obligations differ. Check the rules of the labour authority in your country.
Is time recording mandatory in Germany?
Yes. Since a decision of the Federal Labour Court on 13 September 2022, all employers in Germany must record the start, end and duration of daily working time. According to the Federal Ministry of Labour, this already applies today. The decision makes no exception for small companies.
Does mandatory time recording also apply to part-time staff?
In Germany and the Netherlands the obligation covers all employees, including part-time staff. Especially with varying hours, a good record prevents discussions about hours worked and overtime.
What is the difference between time recording and time tracking per project?
Time recording shows when someone works and rests, as labour law requires. Project time tracking shows what that time was spent on, for example per project or client. With software you combine both in one record.
Does mandatory time recording mean the end of trust-based working hours?
No. According to the German Federal Ministry of Labour, trust-based working time remains possible: employees still organise their own hours, only the time worked is documented. Limits on working hours and rest periods continue to apply.
Written by
Ramon Glebbeek
Expert in HR
Ramon is a true expert in HR, thanks in part to his many years of experience at HoorayHR. With a passion for writing relevant blog posts and knowledge articles about HR, onboarding, performance management, and more, he offers a unique perspective on challenges and opportunities in the field. As an experienced human resources professional and content writer, Ramon is happy to share tips to help you save time on HR tasks and build a Great Place to Work.
