Last updated: 09/08/2026

Norkent for Germany

BAG 2022 requires objective workday recording. § 87 BetrVG requires Works Council co-determination for controls.

ISODE
CurrencyEuro (EUR)
LanguageGerman
Weekly hours8 h/day (average); up to 10 h occasionally
VacationMinimum 24 working days (BUrlG)
Record retentionMinimum 2 years (§ 16 ArbZG)

Working hours and overtime

Maximum daily hours: 8 daily hours, with the possibility of extending to 10 hours as long as the average does not exceed 8 hours over a period of 6 months or 24 weeks (§ 5 ArbZG).
Rest between shifts: Minimum 11 consecutive rest hours between the end of one workday and the start of the next (§ 5 ArbZG).
Weekly rest: Minimum one rest of 24 consecutive hours each week, generally on Sunday, plus official rest days (§ 9 ArbZG).
Overtime premium / compensation: The ArbZG does not set overtime surcharges; surcharges are regulated by collective agreement or individual contract.

Breaks and leave

Vacation: Minimum 24 working days of annual vacation on a 6-working-days-per-week basis (art. 3 BUrlG); equivalent to 4 calendar weeks.
Maternity: Maternity protection of 6 weeks before birth and 8 weeks after (12 weeks in total), under the Maternity Protection Act (MuSchG).
Paternity / parental: Parental leave of up to 3 years per parent, not paid by the State but protected, under the Federal Parental Allowance and Parental Leave Act (BEEG).

Personal data protection

Data protection law: Regulation (EU) 2016/679 (GDPR) and the Federal Data Protection Act (BDSG), in particular § 26 on employee personal data.
Competent authority: Data protection authorities of each Land and the BfDI (Federal Commissioner for Data Protection and Freedom of Information) at the federal level.
Geolocation: Allowed with limitations: the worker must be able to disable it when it is not indispensable (art. 26 BDSG; GDPR minimization principle).
Biometric data: German case law (Arbeitsgericht Berlin, 29 Ca 5451/19) has questioned the use of biometrics for clocking; it requires consent and, as a general rule, a non-biometric alternative.
Workplace monitoring: Limited by § 87(1) No. 6 BetrVG: the introduction or use of technical systems for monitoring worker performance or behavior requires co-determination of the Works Council (Betriebsrat).

Digital attendance systems

Digital recording allowed: Yes. The ArbZG admits timesheets, time clocks, and manual or digital systems. After the BAG 1 ABR 22/21 ruling, the record must be "objective, reliable and accessible".
QR recording: Yes, allowed.
Mobile device recording: Yes, allowed, with Works Council co-determination.
Manual recording: Yes, allowed.

Status of Norkent in Germany

Allowed with conditions
Germany requires an "objective, reliable and accessible" recording system after the BAG 1 ABR 22/21 ruling, but admits non-biometric methods such as those used by Norkent. Works Council co-determination under § 87 BetrVG is the key operational requirement. Before its implementation, a company should consider: 1. Works Council co-determination: if a Works Council exists, reach a Betriebsvereinbarung (art. 87(1) No. 6 BetrVG). Without its agreement, the system cannot be implemented. 2. § 26 BDSG: process the data in accordance with the necessity for the employment relationship. 3. Geolocation: allow the worker to disable geolocation when it is not indispensable. 4. 2-year retention: keep records for at least 2 years (§ 16(2) ArbZG; § 17 MiLoG). 5. Biometrics: since Norkent does not use biometrics, it avoids the jurisprudential barrier of the Arbeitsgericht Berlin (29 Ca 5451/19). 6. Legal reform under discussion: monitor the 2026 ArbZG reform (Referentenentwurf), which could introduce mandatory electronic recording.