6 percent of all extra work that year. The value of those uncompensated hours adds up to €6.27 billion. Yet the country’s governing coalition on July 1, 2026, again postponed a promised overhaul of the Working Time Act. A formal bill is now expected in the fall of 2026.
Labour Minister Bas has said she intends to stick with the eight-hour day. But the political vacuum leaves employees and employers navigating a patchwork of existing laws, court rulings, and approaching EU deadlines.
Keeping on top of working time documentation is one thing, but ensuring your overall health and safety compliance is just as critical. A free Health & Safety Toolkit provides ready-to-use risk assessments, checklists, and templates to help UK businesses meet their legal duties under the Health & Safety at Work Act, COSHH, and more. Get the free Health & Safety Toolkit
What Workers Can Demand Today
Employees already have a legal right to see their recorded working hours. Article 15 of the GDPR, combined with the Working Time Act, gives workers the power to request full data – including start and end times, documented breaks, overtime, and current time accounts. Employers must supply this information within one month, free of charge. The right does not extend to colleagues’ records.
The obligation to document working time is firmly rooted in case law. The European Court of Justice ruled in 2019 that systematic recording is required. Germany’s Federal Labour Court (BAG) followed on September 13, 2022 (case 1 ABR 22/21), ordering companies to track the beginning, end, and duration of each working day and to keep those records for at least two years.
Strict Rules on Breaks and Overtime
Precise documentation of breaks is a particular flashpoint. Section 4 of the Working Time Act mandates a rest period of at least 30 minutes for shifts of six to nine hours, and at least 45 minutes for shifts exceeding nine hours. Employers cannot simply deduct a flat break amount without proof; the actual start and end of each pause must be logged.
That level of detail matters because unpaid overtime remains rampant. Of the total 638 million hours worked without pay last year, the bulk came from employees simply not logging extra time or having it go unapproved.
Cybersecurity and Pay Transparency Deadlines Loom
Companies using digital time-tracking systems must also meet IT security requirements. The registration deadline for the EU’s NIS2 Directive runs out on July 31, 2026. The rules cover the safeguarding of personnel and time-records data. Violations can bring fines of up to €10 million or two percent of the company’s global annual turnover.
Transparency around pay is also tightening. A BAG ruling on October 23, 2025 (8 AZR 300/24) strengthened workers’ rights when they suspect pay discrimination. The EU Pay Transparency Directive, whose transposition deadline passed in June 2026, is expected to be implemented in Germany around early 2027.
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When Time Records Go Wrong
Not every discrepancy in time tracking amounts to workplace fraud. Experts caution employers against rushing to conclusions. A genuine error – like a missed clock-in – requires proven intent before it can be treated as fraud. Before any dismissal, the employer must thoroughly investigate and give the employee a chance to respond. In workplaces with a works council, that body has broad co-determination rights over the time-recording system itself.
