“Bang”: Timekeeping is becoming mandatory in Germany – even when working from home

Created: 09/15/2022, 11:05 am

By: Jason Blaschke

In a landmark judgment, the Federal Labor Court found that recording working hours is mandatory – what that means for home office and trust-based working hours.

Erfurt – Delivery bottlenecks and high energy prices as a result of the ongoing fighting in Ukraine are having a negative impact on the economy and consumers in Germany.

More and more producers have to adjust their prices further, which in turn has a negative impact on customers' purchasing power.

The extreme current economic situation is shown by the record inflation rate in Germany, which also hit the seven percent mark in August 2022.

Flexible working time models in danger: the recording of working hours is becoming mandatory

But in addition to the difficult economic situation, companies, employers and politicians are now faced with another major challenge: the recording of working hours.

The trigger for the debate is a landmark judgment that the Federal Labor Court announced on September 13, 2022 in Erfurt.

Working hours in Germany must be recorded systematically and as a matter of principle, according to the highest German labor judges.

Flexible working time models such as trust-based working hours or home office have been on shaky ground ever since, as they are not permissible from a legal point of view if working hours are not recorded digitally or analogously.

The verdict from Erfurt does not come as a complete surprise.

The European Court of Justice (ECJ) already ruled in the so-called “Time Clock Judgment” that working hours must be recorded in all member states.

“Bang” after fundamental judgment: expert advises companies to react quickly

So far, the German labor law only provides for an obligation to document if overtime or Sunday work is done.

Employment law experts speak of a “big surprise” and a “bang”.

The Munich expert for labor law, Michael Kalbfus, warns in an interview with the

of large, far-reaching consequences for employees and employers.

Kalbfus is certain: “Companies that do not offer any solutions for comprehensive time recording are currently in an illegal state.” There are no transitional periods for a digital time clock, which is why his advice: tackle time recording solutions quickly – also if the time or technical effort involved is considerable.

Also because there are no exceptions for home office or teleworking.

Working from home and recording working hours: employment lawyers with a gloomy forecast

The employment lawyer fears that "the great flexibility in the home office" could be over.

At least until there is a clear legal basis on the part of federal politicians and any technical prerequisites are in place.

The ECJ and the Federal Labor Court do not specify the form in which working hours are recorded, so the possibilities are diverse.

Right now, many companies will probably initially use timesheets or Excel spreadsheets.

With regard to home office options, experts suspect that web-based or mobile software solutions and, in large corporations, hardware solutions will be the future in the medium term.

And according to reports from FOCUS ONLINE, it is now even possible to record working hours by fingerprint.

Within the Facebook community, the verdict from Erfurt met with a mixed response.

In companies where the working hours cannot be recorded digitally, the fundamental judgment from Erfurt must initially document the working hours in paper lists or individual tables.

© Sina Schuldt/dpa

Facebook users split in working time debate: Flexibility should be possible

A user commented that recording working hours is certainly useful in many companies.

“But especially in the trade, something like this is a matter of trust.

Something like that leads to a lot of problems here.” Another user, who would advocate recording working hours primarily in nursing professions, sees it similarly.

Many similar comments show that many Facebook users do not fundamentally reject time tracking, but would like more flexibility in their jobs.

Proponents of recording working hours argue that this is the only way to ensure close monitoring, which is not the case with flexible working time models.

"Trust is good, control is better.

This has always been the case in my long working life,” reads one of the comments.

Another Facebook user adds: "I'm happy because I might work according to my contract." Another writes: "There will be no more forced overtime."

Recording working hours is mandatory in Germany: what consumers can expect

The conclusion: Opinions on the recording of working hours in Germany sometimes differ greatly.

To make matters worse, there is no legal basis for recording working hours in Germany.

Until now, only the hours on Sundays and public holidays as well as overtime had to be recorded.

Now it is up to the legislator to cast the fundamental judgment from Erfurt in a legal form.

However, this does not relieve companies in Germany of their duty to find solutions as quickly as possible.

According to the verdict, there are no transitional periods.

If a company does not currently record the working hours of its employees, it is in what is known as an “illegal state of affairs”.

If this is the case, the first step is for the works councils, who can demand that time recording be designed.

Legal steps are also conceivable in the second attempt.