ONE Guides Working time records
Recording working hours in Austria and Germany
Employers in both countries have to record how long their people work: in a team of three as much as in a team of three hundred, and for people working from home too. This guide sums up what that means for a small business, where Austria and Germany differ, and how to keep the records complete without a Friday chore.
This is general information, not legal advice. Collective agreements and works agreements can add rules of their own. For a specific case, ask your chamber or trade association, or an employment lawyer.
Austria: the Working Hours Act
Section 26 of the Arbeitszeitgesetz (AZG) requires every employer to keep records of the hours each employee works. The duty does not depend on the size of the business, and missing or incomplete records are an administrative offence (section 28 AZG). A few groups are outside the AZG altogether, such as senior executives with significant decision-making authority of their own.
Who keeps the records
The employer, by default. Employers can agree with their employees that they record their own hours, for example in a time tracking app. The employer then has to show them how to keep the records properly, and stays responsible for the records being complete.
What has to be recorded
In general, the hours worked each day. Two simplifications help small teams:
- Employees who largely decide for themselves when and where they work, or who work mostly from home, only need a record of how long they worked each day.
- With a fixed schedule, it is enough to confirm at the end of each pay period that the schedule was kept, and to record only the deviations as they happen.
Employees who ask for it are entitled to a free copy of their records once a month. As long as the employer refuses, the time limits for claims that depend on the records are suspended (section 26 (8) and (9) AZG).
The limits the records show
Normal working time is 8 hours a day and 40 hours a week. Including overtime, the limit is 12 hours a day and 60 hours a week, and no more than 48 hours a week on average over 17 weeks. Anyone working more than six hours is due a break of at least 30 minutes, and between two working days at least 11 hours of rest.
Germany: the duty comes from the courts
In May 2019, the Court of Justice of the European Union ruled that employers must set up an objective, reliable and accessible system for measuring each worker’s daily working time (C-55/18). In September 2022, the Federal Labour Court held that employers in Germany are already obliged to do so, on the basis of the Occupational Safety and Health Act (BAG, 13 September 2022, 1 ABR 22/21; section 3 (2) no. 1 ArbSchG). The duty applies to businesses of every size.
What has to be recorded
The start, end and duration of each day’s working time, including overtime. The court did not prescribe a form: a time tracking tool will do, and for now so will paper. Employers can leave the recording to their employees, but stay responsible for it being done.
Separately, the Working Hours Act has long required employers to record any time worked beyond eight hours on a working day, and to keep those records for at least two years (section 16 (2) ArbZG).
A reform in preparation
A reform of the Working Hours Act that writes the recording duty into the law has been under discussion since 2023. The drafts so far make electronic recording the rule, with longer transition periods or exceptions for small businesses. It was not in force when this guide was last reviewed; the Federal Ministry of Labour and Social Affairs (BMAS) publishes the current state.
The limits the records show
Up to 8 hours on a working day, which can be extended to 10 if the average over six calendar months or 24 weeks stays at 8. A break of at least 30 minutes after more than six hours of work and 45 minutes after more than nine, and at least 11 hours of rest between two working days (sections 3 to 5 ArbZG).
Austria and Germany at a glance
| The question | Austria | Germany |
|---|---|---|
| Where the duty comes from | Section 26 of the Working Hours Act (AZG) | The Federal Labour Court’s 2022 ruling, based on the Occupational Safety and Health Act; overtime records under section 16 (2) ArbZG |
| What to record | Hours worked; daily totals for people who set their own hours or work mostly from home | Start, end and duration of each day’s working time, including overtime |
| Who records | The employer, or the employees by agreement | The employer, or the employees on the employer’s behalf |
| Required form | None prescribed | None prescribed yet; the reform may require electronic recording |
| Most hours in a day | 12, including overtime | 10, if the average stays at 8 |
Keeping records complete in a small team
The rules are simple. Keeping to them every day is the hard part, and this is what works for most small teams:
- Record as you go. Hours reconstructed at the end of the month are estimates, and estimates are what an inspection or a dispute picks apart.
- Put the time on the work. When hours are logged on the task they belong to, one record serves the law, the project budget and the invoice.
- Make gaps visible. A missing day is easy to fill in the next morning and hard to fill in a month later.
- Keep leave and sick days next to the hours. A day that is neither logged nor marked as off is a gap.
- Make exports easy. Employees in Austria can ask for their records every month, and payroll needs them too.
In ONE, time is tracked with one click on the task you are working on, streaks reward every working day that is logged, and approved leave sits in the same team calendar. Timesheets export as Excel or PDF. Whichever tool you use, check that it captures what applies to your team, such as start and end times in Germany. More on time tracking and leave in ONE.
Frequently asked questions
Do small businesses have to record working hours?
Yes, in both countries. The Austrian Working Hours Act and the German case law apply regardless of the size of the business; only the details of what has to be recorded differ.
Is a daily total of hours enough?
In Austria, yes, for employees who largely set their own working hours and place of work, or who work mostly from home. In Germany, the Federal Labour Court expects the start, end and duration of working time.
Can employees record their own hours?
Yes. In both countries the employer can leave the recording to the employees, but stays responsible for the records being complete and correct.
Does working time have to be recorded electronically?
Not when this guide was last reviewed. Neither the Austrian Working Hours Act nor the German case law prescribes a form. Germany is preparing a reform that may make electronic recording the rule.