Since the Federal Labour Court (BAG) ruling of 13 September 2022 (Case No. 1 ABR 22/21), employers are required to systematically record the working hours of all employees – including those in field service. For mobile employees without a fixed workplace, app-based solutions offer the most practical implementation. A mandatory electronic working time recording law is in preparation but has not yet come into force.
What Is Working Time Tracking for Field Service?
Working time tracking for field service refers to the systematic documentation of the start, end and duration of the daily working hours of employees who carry out their work on the move – that is, without a fixed workplace in the company. This includes sales representatives, installation technicians, home-visit care workers and field service engineers.
The key difference from traditional office-based time tracking: a stationary time recording terminal (time clock) cannot be used in the field. However, this does not mean the obligation disappears – quite the contrary. Employers must provide suitable alternative systems that enable reliable, complete and tamper-proof recording of working hours on the go.
Legal Basis
The ECJ Ruling 2019: The European Foundation
The starting point is the ruling of the European Court of Justice (ECJ) of 14 May 2019 (Case No. C-55/18, "CCOO"). The ECJ obligated all EU member states to introduce an objective, reliable and accessible system for recording daily working hours. The legal basis derives from the fundamental right to safe and healthy working conditions – including the right to limits on maximum working hours and to daily rest periods.
The BAG Ruling 2022: What Applies Today
The Federal Labour Court (BAG) incorporated the ECJ requirements into German law with its decision of 13 September 2022 (Case No. 1 ABR 22/21). It derived the obligation to record working hours directly from § 3 Para. 2 No. 1 of the Occupational Health and Safety Act (ArbSchG): employers are therefore obliged to introduce a system with which the working hours performed by employees can be recorded. This obligation applies regardless of the workplace – including field service, home office and construction sites.
Important: the BAG did not prescribe any specific technical method. Whether app, web tool or – for micro-businesses – paper: what matters is that the start, end and duration of working hours are documented.
BMAS Draft Bill 2023: What Is Still to Come
The Federal Ministry of Labour and Social Affairs (BMAS) published a draft bill to amend the Working Hours Act (ArbZG) in April 2023. This envisages that working hours must generally be recorded electronically and on the same working day. However, the federal government announced in July 2024 that there is no concrete timetable for the law coming into force. Experts expect a new statutory regulation at the earliest in 2026.
Until then: the recording obligation already exists today on the basis of the BAG ruling. Electronic recording is not yet mandatory – but it is recommended.
Exceptions: Who Is Not Subject to the Recording Obligation?
The general obligation to record working hours applies to almost all employees. Exceptions exist for:
- Senior executives (§ 5 Para. 3 BetrVG): managers with extensive decision-making powers, e.g. those with power of attorney or the authority to hire and dismiss staff
- Micro-businesses with up to ten employees (according to the draft bill): these would be exempt from the electronic recording obligation – but the basic recording obligation remains in place
Particular Challenges in Field Service
No Fixed Workplace – No Terminal
Field service employees change location daily: customer appointments, travel, service assignments. A traditional time clock is therefore not an option. At the same time, § 16 Para. 2 ArbZG requires seamless records of working hours. Employers are obliged to provide a system that also works on the move.
Flexible Working Hours and the Recording Obligation
A widespread misconception: flexible working hours (Vertrauensarbeitszeit) and working time recording are mutually exclusive. This is not correct. Flexible working hours means that employees can organise their working hours freely – without fixed attendance monitoring. The obligation to document the start, end and duration of daily working hours remains unaffected. Even employees working under flexible arrangements in the field must have their working hours recorded.
Self-Recording: What Employees May Do
The BMAS draft bill explicitly permits employees to record their own working hours. Employers remain responsible and must verify the accuracy of entries through spot checks. Clear internal rules – ideally set out in a works agreement – are essential.
Mobile Time Tracking: Solutions and GDPR
App-Based Time Tracking: Features and Requirements
For field service, mobile time tracking via smartphone app has established itself as the most pragmatic solution. Employees can enter the start and end of their working hours directly on-site – with or without GPS functionality. A legally compliant app should meet the following requirements:
- Recording of start, end, duration and breaks
- Tamper-proof data storage
- Data retention for at least 2 years (§ 16 ArbSchG)
- GDPR compliance
- Ability for employers to carry out spot checks
The use of private mobile devices (Bring Your Own Device, BYOD) is generally permissible but requires clear contractual arrangements and GDPR-compliant data separation.
GPS Tracking: What Is Permitted?
GPS tracking in field service is legally permissible – but subject to strict limits:
- Only during working hours: Unrestricted location monitoring outside of working hours is not permitted (GDPR Art. 5, Para. 1: purpose limitation and data minimisation).
- Legal basis required: Either a works agreement with the works council (§ 87 BetrVG) or informed consent from employees.
- Transparency: Employees must know which data is collected, how long it is stored and who can access it.
- Data deletion: Location data may only be stored for as long as the purpose of collection requires.
Employers wishing to use GPS tracking should seek employment law advice in advance and involve the works council at an early stage.
GDPR-Compliant Implementation: Checklist
Before introducing mobile time tracking in field service, check the following points:
- Clearly define and document the purpose of data collection
- Carry out a data protection impact assessment (required for systematic GPS tracking)
- Involve the works council (co-determination right under § 87 Para. 1 No. 6 BetrVG)
- Conclude a works agreement on time recording
- Transparently inform employees about the data being collected
- Set data retention periods and establish a deletion concept
- Document BYOD rules in writing (if private devices are used)
Step by Step: Introducing Time Tracking in Field Service
- Analyse the current situation: Which employees work on the move? How are hours currently being recorded?
- Define requirements: What data needs to be recorded? Which systems are compatible with existing HR software?
- Involve the works council: Time recording systems are subject to co-determination rights – early involvement avoids conflicts.
- GDPR review: Involve the data protection officer; conduct a data protection impact assessment if GPS is used.
- Start a pilot phase: Test the system with one group and gather feedback.
- Train employees: Provide clear instructions and communicate the benefits (protection against unpaid overtime).
- Monitor regularly: Spot checks of recorded data ensure ongoing legal compliance.
Frequently Asked Questions about Working Time Tracking in Field Service
Does the working time recording obligation also apply to field service employees?
Yes. The BAG ruling of 13 September 2022 applies to all employees – regardless of their workplace. Field service, home office and construction sites are explicitly included. Exceptions apply only to senior executives within the meaning of § 5 Para. 3 BetrVG.
How can field service employees record their working hours?
Common solutions include mobile apps (iOS/Android), web-based tools and – for micro-businesses – paper-based documentation. Employees may enter their own hours; employers remain responsible and must conduct spot checks.
Is the employer permitted to monitor field service employees via GPS?
GPS tracking is generally permissible, but only during working hours and with a clear legal basis (works agreement or informed consent). Unrestricted monitoring outside of working hours is not permitted under the GDPR.
Is flexible working time (Vertrauensarbeitszeit) still possible in field service?
Yes. Flexible working hours – meaning employees organise their own time without attendance monitoring – remain possible. However, the obligation to document the start, end and duration of working hours continues to apply. The two concepts are not mutually exclusive.
What happens if no time recording takes place?
Employers risk fines of up to €30,000 per violation (§ 22 ArbZG), back-payment obligations in cases of minimum wage or overtime violations, and difficulties during inspections by the Customs Investigation Office or the trade supervisory authority. In addition, the absence of time records can be treated as an evidentiary disadvantage in employment law disputes.
How long must working time data be retained?
At least 2 years, in accordance with § 16 ArbSchG. The GDPR additionally requires that data is not retained longer than necessary. Employers must store recorded data securely and protect it against unauthorised access.
Do breaks taken by field service employees need to be recorded?
The BAG ruling does not address this conclusively. The BMAS draft bill provides for full recording including breaks. For legal protection – particularly regarding minimum wage compliance and adherence to § 4 ArbZG (rest breaks) – recording break times is advisable.
Does the obligation also apply to micro-businesses with field service employees?
The basic obligation to record working hours applies to businesses with fewer than ten employees as well. According to the draft bill, these would be exempt from the electronic recording obligation – a paper-based or spreadsheet solution would then suffice. The recording obligation itself, however, does not disappear.
Conclusion
Working time tracking in field service has been a legally binding obligation since the BAG ruling of 2022 – not an optional extra. Employers with mobile employees must provide suitable systems that are GDPR-compliant, transparent and governed by clear internal rules. App-based solutions offer the most practical approach. Those who act proactively now avoid fines, protect employees from unpaid overtime and are well prepared for the statutory regulation that is still to come.
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Sources
- Federal Labour Court (BAG): Decision of 13.09.2022, Case No. 1 ABR 22/21. https://www.bundesarbeitsgericht.de/presse/arbeitgeber-ist-nach-3-abs-2-nr-1-arbschg-verpflichtet-ein-system-einzufuehren-mit-dem-die-von-den-arbeitnehmern-geleistete-arbeitszeit-erfasst-werden-kann/
- European Court of Justice (ECJ): Judgment of 14.05.2019, Case No. C-55/18 ("CCOO"). https://curia.europa.eu/juris/document/document.jsf?docid=214061&doclang=DE
- Occupational Health and Safety Act (ArbSchG), § 3 Para. 2 No. 1. Federal Office of Justice. https://www.gesetze-im-internet.de/arbschg/__3.html
- Working Hours Act (ArbZG), § 16 Para. 2. Federal Office of Justice. https://www.gesetze-im-internet.de/arbzg/__16.html
- Federal Ministry of Labour and Social Affairs (BMAS): Draft bill to amend the Working Hours Act, 18.04.2023. https://www.bmas.de/DE/Service/Gesetze-und-Gesetzesvorhaben/arbeitszeitgesetz.html
- Works Constitution Act (BetrVG), § 87 Para. 1 No. 6 and § 5 Para. 3. Federal Office of Justice. https://www.gesetze-im-internet.de/betrvg/__87.html
- ver.di: Working Time Recording – Everything You Need to Know. https://www.verdi.de/arbeit-recht/arbeitszeiterfassung-alles-was-du-dazu-wissen-musst
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