Termination of employment contract for arriving at work too early ?

Huh? Did you read that correctly—termination for arriving at work too early? Is motivation being trampled on here? No, unfortunately, it's not that simple from a legal perspective. Let's look at the scenario through the lens of German labour law.

Arriving late at work – a problem.

Punctuality is highly valued in the workplace. Germany in particular has a reputation for taking punctuality very seriously, although other countries like Switzerland, the Nordic countries and Czechia, to give just some examples, are also very strict when it comes to the definition of when you are considered to be punctual.

It is often reported that employees are dismissed if they arrive late at work several times after receiving a warning. This sounds logical, as a certain degree of reliability is required in the workplace (and often in private life, too).

Under German labour law, employees are generally obliged to perform their work during the contractually agreed working hours. If they fail to do so, they are in breach of their contractual obligations. Even if flexitime or trust-based working hours have been agreed, being late can still be a problem – for example, if it disrupts fixed meetings, operational processes, or core working hours. However, not every minor delay is immediately grounds for dismissal, especially if it is an exception and not the rule. Still, it gives a bad impression. Sometimes it cannot be helped and you arrive late – whether due to extreme weather conditions, an unforeseen traffic jam, or a personal emergency. With online meetings it is even more strict – and especially tricky if you are in different time-zones and have to coordinate your meetings throughout the day.

If this does not happen regularly, it is usually not a problem, as the relationship of trust between the employee and employer is otherwise harmonious. It is important to take a comprehensive view of the circumstances and adhere to the principle of proportionality.

However, if this unpunctuality occurs more frequently, it becomes critical—the first step is a formal warning ("Ermahnung" or worse "Abmahnung"), followed by dismissal if the behaviour continues. Warnings under labour law are generally behaviour-related (obligations under the employment contract, company regulations, work instructions). They serve to give the employee a warning or offer of correction before the employer takes more serious measures (e.g., termination) under occupational health and safety law. I have explained in detail in another article what steps must be taken in the event of a warning.

Arriving at work too early – a problem or exemplary?

But what if an employee regularly arrives too early? One might think that this is exemplary and could only attract praise. Well, arriving too early is also, in a sense, being unpunctual – just the other way around. Many employers like it when their employees arrive a few minutes before the official start of working hours. This becomes particularly interesting when it is not just a few minutes, but a longer period of time, for example an hour, and when it happens not just once, but regularly. Why is that?

In general, it can be said that under German labour law, many employment contracts, work agreements, or working time regulations stipulate a contractually agreed working time. The employer has the right to issue instructions and can therefore determine the start of working hours. The employee has a duty to obey these company rules. In the case of a flexitime agreement, where the number of hours is fixed but the individual working hours “flex”, this problem does not really arise, as the employee can organize their working hours themselves within the permitted framework. However, even here, repeated, significant early arrival can be problematic if overtime is accumulated that has not been previously ordered by the employer or for which there is general consent Keyword: "Working time fraud").

Typical cases in which arriving too early at fixed working hours could lead to a warning are: on-call duty / working hours specified in the employment contract from time XYZ / compliance with rest periods in accordance with the Working Hours Act. This applies in particular to cases where an employee arrives before the official time if he credits this time as working time. It does not matter whether they actually worked or only pretended to do so—it happened outside their contractually agreed working hours. Therefore: You can arrive early if your employer has no objection to you being on the company premises early —but you are not allowed to work.

Conversely, employers are not permitted to require employees to arrive at work early, especially if they are not compensated for doing so. Early arrival is only permissible if it has been contractually agreed upon, is regulated by company policy, or is compensated. Otherwise, employees are permitted to refuse to arrive early voluntarily.

Conclusion:

Arriving late or too early at work can result in a warning or dismissal. As always, the specific individual case must be considered in relation to the overall circumstances. The key factors are the provisions in your own employment contract and (documented) company practice. Therefore: Stick to your individual working hours and clarify any discrepancies with your supervisor at an early stage so that neither tardiness nor punctuality become a problem.

I regularly publish articles on the topics of ‘living abroad’, ‘living in Germany’, and ‘expatriates’. If you would like to be coached on your individual path to make this phase in your life easier, please do not hesitate to contact me.

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