Introducing time tracking with a works council
The works council cannot compel the introduction of time tracking, because it is legally required anyway. Over the arrangement, by contrast, it has full codetermination: which system, which data, which evaluations, which access. The basis is section 87(1) no. 6 BetrVG.
As of:September 2026
The right of initiative is gone, codetermination is not
That was exactly the subject of the Federal Labour Court order of 13 September 2022 (1 ABR 22/21). A works council wanted to compel the introduction of an electronic system; the court denied the right of initiative, because codetermination under section 87(1) BetrVG requires that there be no statutory rule.
The side effect was far greater: to reach that result, the court had to find that a statutory duty exists. That settled the recording duty in Germany.
In practice that means: the employer has to act, the works council cannot force it to, but no system goes live without the works council.
Which grounds apply
Central is section 87(1) no. 6 BetrVG: the introduction and use of technical devices intended to monitor employees' behaviour or performance. Under settled case law, objective suitability for monitoring is enough; the intention is not required. A time tracking system always meets that.
On top of that comes no. 2: the start and end of daily working time including breaks, and the distribution of working time across the days of the week. And no. 3: temporary shortening or extension of the customary working time.
If no agreement is reached, the conciliation board decides (section 87(2) BetrVG). Its ruling replaces the agreement.
What belongs in the works agreement
An agreement that holds up governs at least these points. It can be shorter, but that leads to renegotiation.
- Scope and excluded groups of people.
- Which data is recorded, and expressly which is not (location, biometric features, work pace).
- Purpose limitation and an express exclusion of behaviour and performance monitoring.
- Access rights by role: employees, managers, HR, works council.
- How corrections are handled and logged.
- Retention and deletion.
- Permitted and impermissible evaluations.
- Term, termination and continuing effect.
Knowing the rules is one thing, keeping to them day to day another. MetronHR checks breaks, rest periods and maximum working time automatically as time is recorded.
What the works council itself may see
To perform its tasks, the works council has a right to information under section 80(2) BetrVG. That includes monitoring compliance with the Working Hours Act.
It cannot demand personalised evaluations of all employees across the board. An anonymised evaluation, supplemented by personal details where there is a specific occasion, is usual and workable.
Since 2021, section 79a BetrVG has made clear that the works council has to comply with data protection rules when processing personal data and that the employer remains the controller within the meaning of the GDPR.
How to keep the process short
Involve them early, with a draft rather than a finished decision. Anyone who signs the contract first and negotiates afterwards loses time and trust.
Second: do not merely promise the exclusion of performance monitoring, demonstrate it technically. A system whose role management shows who sees what takes the heat out of the discussion.
Third: agree a trial phase, with a review after three months and the option to adjust. That is easier to sign than a rule for all time.
Further reading:Section 80(2) BetrVG, section 79a BetrVG, section 87(1) nos. 2, 3 and 6 BetrVG, section 87(2) BetrVG · Federal Labour Court, order of 13/09/2022, 1 ABR 22/21
This is not legal advice; for a specific case at your workplace you are better off asking someone qualified to give it.
Published by: AMNAU GmbH
Editorial responsibility: Ugur Aydogan, Product development.
Last reviewed: September 2026
Frequently asked questions
What we are asked about this most often.
No. On 13/09/2022 (1 ABR 22/21) the Federal Labour Court ruled that there is no right of initiative, because the duty is already laid down by law. Over the arrangement, however, the works council has full codetermination.
Where a works council exists, in practice yes. Without an agreement or a conciliation board ruling, a system subject to codetermination may not be introduced. A measure taken in breach of codetermination is ineffective as against the employees.
Then the conciliation board decides (section 87(2) BetrVG). It consists of assessors from both sides and an impartial chair; its ruling replaces the agreement. That costs time and money, which is why both sides usually come together beforehand.
Only in so far as it is necessary for its tasks (section 80(2) BetrVG). For monitoring the Working Hours Act, anonymised evaluations are usually enough; personal details come into consideration where there is a specific occasion.
Yes. Replacing one system with another is also the introduction and use of a technical device within the meaning of section 87(1) no. 6 BetrVG. An existing works agreement should be reviewed to see whether it still covers the new system.
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