Arbeitszeit: Arbeitszeitbetrug: So können sich Unternehmen wehren

Arbeitszeitbetrug, or workplace fraud, is a common problem in Germany, involving employees claiming to work when they are actually doing something else. According to a survey by Consumerfieldwork, 13% of 1000 German employees regularly fail to accurately record their working hours, and three-quarters of participants admitted to doing something privately while they were supposed to be working. Although not a trivial offense, workplace fraud can have significant economic consequences for companies.

Sascha Stowasser, head of the Institute for Applied Labor Science, explains that absenteeism is very costly for businesses. The question then arises: where does bad workplace morale end, and where does fraud begin? What can managers do to combat this issue? According to labor lawyer Michael Fuhlrott, someone who deliberately pretends to work when they are doing something else is committing fraud.

While the exact nature of the infringement may vary based on whether an employee who has clocked in spends three hours at the gym instead of working or simply hangs up their laundry, the key factor is the breach of duty. Even a short, unrecorded break can constitute a breach of duty.

Fuhlrott also notes that even employees who have agreed to a flexible working arrangement may still be committing fraud. While it's not a problem to take a longer break without notifying the employer, working fewer hours than agreed upon constitutes a breach of duty. Such fraudulent activities can have far-reaching consequences.

In the worst-case scenario, a worker who deliberately deceives their employer could face immediate dismissal, and may also be responsible for paying the costs of a detective – up to €21,000. However, these are extreme cases, and in most instances, courts take a more nuanced approach, considering the intensity and duration of the fraud.

In extreme cases, such as a case decided by the Cologne Regional Labor Court in early 2025, an employee found to have spent time with a friend, at cafes, or at the hairdresser during work hours, was immediately dismissed and required to pay the costs of a private investigator. However, labor courts typically only take such severe action when the breach of duty is significant and long-lasting.

The financial compensation awarded in such cases, or the possibility of criminal prosecution, is rare. While it's technically possible to prosecute for workplace fraud, the state prosecution office usually shows little interest in pursuing such cases.