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Obligation to record working hours for everyone: What does that mean for companies and employees, Mr. Top Lawyer?

2022-12-15T11:29:49.845Z


Obligation to record working hours for everyone: What does that mean for companies and employees, Mr. Top Lawyer? Created: 2022-12-15, 12:14 p.m By: Thomas Schmidtutz Time clock: According to a ruling by the Federal Labor Court, companies will have to record and document the working hours of their employees in the future. © Frank Rumpenhorst/dpa In September, the Federal Labor Court caused a s


Obligation to record working hours for everyone: What does that mean for companies and employees, Mr. Top Lawyer?

Created: 2022-12-15, 12:14 p.m

By: Thomas Schmidtutz

Time clock: According to a ruling by the Federal Labor Court, companies will have to record and document the working hours of their employees in the future.

© Frank Rumpenhorst/dpa

In September, the Federal Labor Court caused a stir with a ruling on the recording of working hours.

Now the justification is available and it is clear: the clock is ticking.

Munich - A few days ago, the Federal Labor Court (BAG) presented the eagerly awaited justification of its fundamental judgment on the recording of working hours.

According to this, employers must in future ensure an “objective, reliable and accessible system” for measuring daily working hours.

In an interview with

Merkur.de

, the Düsseldorf labor law expert Sven Lohse from the top law firm Noerr explains what the judgment now means for companies, when it applies and what penalties are threatened if companies do not do their homework.

Mr Lohse, in September the Federal Labor Court ruled in principle that companies - in accordance with EU law - must systematically record the working hours of their employees.

The verdict is now available.

Is the time clock coming again?

no

However, the employer must provide a system that enables employees' working hours to be recorded.

This can, but does not have to be done using separate software.

It is also possible to record time in an Excel spreadsheet or on paper.


According to the BAG ruling, companies must introduce an “objective, reliable and accessible system” for recording working hours.

What does that mean specifically?

The employer must introduce a system that ensures that the employee can actually record their working hours and that these are documented accordingly.

Previously, companies only had to record overtime.

What specific data will you need to collect in the future?

The beginning and end of the daily working time as well as break times must be recorded so that the duration of the daily working time is documented.

When do companies have to implement the ruling: Immediately?

The judgment does not provide for a transitional period.

However, the Federal Minister of Labor has already announced that he will revise the Working Hours Act.

Until then, companies should check whether there is already a system for recording working hours that meets the requirements of the Federal Labor Court.

If not, companies should develop a concept for such a system, taking legislative developments into account.

Sven Lohse, specialist lawyer for labor law at the law firm Noerr in Düsseldorf © Dieter Schwer/Noerr

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What co-determination rights does the works council have in the implementation and design?

Works councils do not have the right to initiate a system for recording working hours.

Only in the design of such a system can co-determination rights exist in individual cases.

Does the new regulation also apply to the executive floor (managing director/board)?

no

Managing directors and board members perform employer functions as organs, so that nothing changes for them in principle.

In Germany, the principle of trust-based working hours applies in many sectors and companies.

This means that the employer refrains from checking the working hours of the employees.

Is that over with the BAG judgment now?

Trust-based working hours are still possible.

In any case, when trust-based working hours mean that the employee can freely decide on the location of his working hours.

Do possible overtime hours have to be paid in the future or can overtime work continue to be celebrated?

According to the case law of the Federal Labor Court, it is often permissible to agree that overtime is already compensated with the salary.

That doesn't change anything.

Whether overtime is to be remunerated or celebrated in individual cases depends on the existing agreements.

In any case, only such overtime is recorded that was worked on the order of the supervisor.

Who controls the recording of working hours?

The control is carried out by the competent authority in the respective federal state.

These are mainly the occupational safety authorities.

What are the penalties for violations?

A violation of the obligation to record working hours will not be sanctioned.

A fine of up to 30,000 euros can only be imposed if the occupational safety and health authorities request documentation of the recorded working times or order the introduction of a time recording system and the company does not comply with this request.

Source: merkur

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