Labor law: From recording working hours to the expiry of vacation days – this is what you should know as an employee
Created: 09/01/2023, 17:00
By: Carina Blumenroth
The year 2022 brought some legal changes for employees: from the recording of working hours to the expiry of vacation days.
You need to know.
A lot has happened in the world of work in the past year – self-determination is becoming increasingly important for employees.
There will also be some changes in the labor market when the baby boomers - the baby boomers - retire in the coming years.
More and more employees will come from Generation Z, but some of them have different expectations of working life.
Some adjustments in labor law, on the other hand, will affect employees at shorter notice.
Labor law: Your working hours must be recorded immediately
You should not only keep an eye on the calendar for working hours, but also for holiday entitlement.
You should be aware of these changes in employment law.
© Andriy Popov/Imago
The health of the employees is important - one step in this large area should be that the working hours are recorded.
On December 3, 2022, the Federal Labor Court declared that employers must record working hours “objectively, reliably and in an accessible manner” with immediate effect.
There is no transitional period in this case – however, it is unclear how the employer collects the data.
It is currently possible to record work in a table or using an electronic timekeeping tool – however, the legislature can still make specific regulations on this, as
Spiegel
reports.
One advantage for employees is that overtime can be tracked more easily, as Nicole Mutschke, specialist lawyer for labor law, tells
Der Spiegel
: "Employees can now claim their overtime much more easily.
Although the burden of proof still lies with the employee, it will no longer be possible for the employer to claim that he knew nothing about the overtime.” In particular, the rest period of eleven hours is to be observed through the recording.
In the event of violations, however, fines are not due immediately.
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Labor law in Germany: Holidays can no longer simply expire
Your holiday just got left behind and then disappeared into oblivion?
From now on it won't be that easy.
Because the Federal Labor Court has decided that your days off can only become time-barred if you have been explicitly informed of this by your employer.
According to
Spiegel
information, a simple circular email to all colleagues is not enough, the message must contain your individual holiday entitlement.
This means that you must be actively informed of your existing vacation.
It is not yet clear how far-reaching the judgment of the Federal Labor Court is.
A decision is expected to be made by the end of January 2023 as to how far in the past a claim can be asserted.
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Clear employment contracts: This is changing in labor law
You as an employee should be better protected.
This means that you should be able to identify possible pitfalls in your employment contract.
The focus here is on deadlines for the probationary period and termination, but also your vacation days.
The
Regensburg Chamber of Industry and Commerce
summarized the changes in the summer as follows.
End date of employment
If applicable: free choice of place of work by the employee
duration of the probationary period
Composition and amount of wages and remuneration for overtime, allowances, bonuses or similar.
and their due date and type of payment
Agreed working hours, breaks and rest periods;
for shift work: requirements, rhythm and shift system
If agreed: Possibility of ordering overtime and its requirements
Name and address of the pension provider if the employer promises a company pension;
if the pension provider is obliged to provide this information, this point does not apply
Procedure to be followed between employer and employee in the event of termination
Should essential working conditions change in the employment relationship, employees must have been informed of this no later than on the day of the change.
Changes in collective agreements, company or service agreements and changes in the law do not have to be reported in writing - everything stays the same here.
What is new, however, is a fine that can be imposed on the employer in the event of violations.
This can be up to 2,000 euros.