Berlin Labor Court: Accusation of time-sheet fraud has to be proven by employer

The Berlin labor court ruled that an employee’s remote work did not justify termination. The case involved a press officer who adjusted her vacation days to work remotely while traveling, but her employer accused her of time-sheet fraud. The court found no evidence of misconduct.

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Ruling protects remote work

The Berlin Labor Court ruled on March 25, 2026 (case no. 60 Ca 12322/25) that an employer cannot terminate an employee for not having worked. The case involved a press officer who agreed with her supervisor to adjust one vacation day to work remotely while traveling. The court found no proof of time-sheet fraud, as the employee’s remote work was pre-approved and documented.

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Why the court decided this way

The employer argued the employee had falsified her time records by logging eight hours of work on a day she was actually traveling. However, the court noted the employee had explicitly agreed with her supervisor to work remotely that day. The company’s own policy allowed employees to choose between trust-based hours and time tracking, which complicated the fraud allegation.

What happened in this case

The employee, a press officer for a Berlin parliamentary group, planned a vacation but needed to coordinate an upcoming event. She emailed her supervisor, who approved adjusting one vacation day to remote work. While traveling, she logged eight hours of work in the time-tracking system. Colleagues later claimed she hadn’t worked, leading to termination. The employee argued she had worked remotely but lacked access to her work data after being fired.