Time recording obligation in the DACH region – important information for site managers

Time recording obligation in Germany, Austria and Switzerland: This applies to construction companies

WHY TIME RECORDING?

The ECJ ruling in 2019 obliged companies in EU member states to systematically record working time. Time recording systems, whether digital or analog, enable companies to

• document working hours precisely,
• fair remuneration and compliance with labor law regulations,
• efficient resource planning.

Correct Time tracking also strengthens mutual trust between management and employees and contributes to a positive working atmosphere. This is particularly important in the construction industry, which is characterized by complex projects and many stakeholders.

Relevance of Time tracking in the DACH region

The topic of Time tracking is particularly relevant for site managers in Germany, Austria and Switzerland, as country-specific regulations apply. These differ significantly in terms of their structure. Here is an overview:

Comparison of the time recording obligation

Germany and Austria rely on clear guidelines based on the ECJ ruling and the ArbSchG and AZG, while Switzerland offers companies more flexibility in the type and method of recording working time according to the ArGV.

Germany

The focus here is on protecting employees through strict legal requirements. The ECJ ruling and the ArbSchG underline the need for employers to ensure that there are no gaps Time tracking.

• Legal basis: European Court of Justice (ECJ) ruling from 2019, the Occupational Health and Safety Act (ArbSchG) and a BAG ruling from 2022.
• Requirements: Employers are obliged to systematically record the working hours of all employees in order to monitor overtime and compliance with rest periods. They can delegate Time tracking to employees, but the employer remains responsible for compliance with the legal requirements.
• Expected changes: The German legislator is planning to concretize and supplement the Occupational Health and Safety Act in order to regulate its implementation even more clearly. A draft bill is currently being discussed.

Austria

While there is also a legal obligation here, the system offers more flexibility by allowing the delegation of the recording obligation under certain conditions.

• Legal basis: Working Hours Act (AZG).
• Requirements: Similar to Germany, there is an obligation to accurately record working hours, including breaks and overtime.
• Implementation: Employers can transfer responsibility for Time tracking to employees under certain conditions. This offers companies and employees more flexibility in the handling of Time tracking, but requires that there are clear agreements on the implementation of Time tracking.

Switzerland

The regulations offer companies more autonomy and flexibility in the design of Time tracking, which makes it easier to adapt to specific company needs.

• Legal basis: Labor Act (ArG) and Ordinance 1 to the Labor Act (ArGV 1).
• Requirements: Companies are obliged to record working hours, but with a higher degree of flexibility compared to Germany and Austria. There are certain exceptions, e.g. for executives or in the case of trust-based working hours.
• Implementation: Switzerland gives companies more leeway in the design of time recording systems. Responsibility can be delegated to employees, although companies must ensure that working hours are recorded correctly and completely. Digital time recording systems are widely used and accepted.

Why are there differences in the time recording obligation in the DACH region?

The structure of Time tracking and how it is handled clearly shows how different the approaches can be in the DACH region. In particular, the possibility in Austria and Switzerland to partially delegate the obligation to keep records to employees contrasts with Germany, where the responsibility lies primarily with the employer.

The different approaches reflect the different priorities of the countries:

• In Germany and Austria the focus is on protecting workers through stricter regulations.
• In Switzerland the focus is on companies’ own responsibility.

5 advantages of a digital Time tracking

Regardless of which legal requirements construction companies have to comply with in the respective country – digital systems minimize time-consuming administrative tasks and leave more time for the core business. This is why the digital Time tracking is increasingly becoming the standard in the construction industry. Digital systems such as the 123onsite app offer ideal solutions for meeting the challenges of modern construction projects:

Good reasons, so why are you still hesitating?

Despite the obvious benefits of digital time recording systems, some companies still have reservations due to concerns about costs, data protection and a move away from best practice. However, the experience of our reference customers shows that these concerns are outweighed by the practical benefits and added value of digital solutions such as 123onsite outweigh them.

The 123onsite app offers a practical solution for the uncomplicated implementation of Time tracking on the construction site, which meets the legal requirements and makes your everyday life on the construction site easier.

Frequently asked questions about the time recording obligation