Arbeitszeit: Arbeitszeitbetrug: So können sich Unternehmen wehren

Arbeitszeitbetrug, or work time fraud, is a more common occurrence in Germany than many might think. A Consumerfieldwork survey found that 13 percent of German employees regularly fail to accurately record their working hours, with three quarters admitting to privately handling tasks while they should have been working. However, this form of fraud is not a minor offense as it has significant economic impacts, according to Sascha Stowasser, the head of the Institute for Applied Labor Science (IFAA) who has been researching changes in the workforce for years. He notes that "absences are very costly for businesses".

So what constitutes work time fraud exactly? In legal terms, it is defined as doing something other than work while appearing to be doing so. However, the severity of the offense depends on the violation of the duty. Even a short, unaccounted break can be considered a breach of duty. Reputable sources emphasize that while employees may occasionally take longer breaks without notice, it becomes a breach of duty if they work fewer hours than they are scheduled.

Such fraudulent activities can lead to severe consequences, ranging from dismissal to financial penalties for the cost of hiring private investigators.

In extreme cases, as seen in a court ruling at the end of 2025, a labor court dismissed a public transportation company after an employee was found to have spent his time working for his girlfriend, in cafes, or at the barber shop. The employee was immediately dismissed and had to pay for a detective service amounting to €21,000.

However, these are extreme cases and the courts also consider the severity and duration of the fraud along with the employee's length of service. While it is possible to prosecute for work time fraud, it is not common as the prosecution rate is generally low since it is classified as fraud. Interestingly, though, the consequence for employees found guilty of work time fraud is an immediate termination with a three-month waiting period for unemployment benefits.