Law & occupational safety
Must working time be recorded when working from home?
The duty to record the start, end and duration of working time applies regardless of location – including home office and mobile work. The basis is the German Federal Labour Court ruling of 13 September 2022 (1 ABR 22/21); a statutory implementation in the Working Time Act is not yet in force.
Employees may record their own time; the employer remains responsible for a functioning system and for compliance with maximum working hours and rest periods.
From a safety perspective rest periods are the critical point: evening tasks quietly shorten the eleven-hour rest. Availability rules therefore belong in every policy.
Time-recording systems that enable behavioural monitoring are subject to co-determination – involve the works council early.
Key points
- Recording duty applies regardless of location (Federal Labour Court, 1 ABR 22/21)
- Self-recording is possible; responsibility stays with the employer
- Address rest periods and availability explicitly
This page provides professional orientation, not legal or tax advice.
More answers
- What is the difference between home office, telework and mobile work?
- Is a risk assessment mandatory for home office work?
- What fines apply for missing occupational safety in home offices?
- Is an accident in the home office a workplace accident?
- Do employees in Germany have a right to work from home?
- Does the works council co-determine remote work?