Employees and employers must pay attention to this

The Federal Labor Court has decided that the recording of working hours is mandatory for companies. This should be enshrined in a new law. The first legislative proposal is planned for 2023. Bosses who then do not comply with the guidelines must expect penalties. An overview.

What employees and their bosses have seen in many places as a guideline is now being enshrined in a new law: Employers must record the working hours of their employees.

Timekeeping has always been a legal requirement

Actually, this is nothing new. The Occupational Safety and Health Act has existed since the 1990s and, among other things, clearly stipulates how much rest time employees are entitled to. It also regulates the duty of supervisors to ensure occupational safety and health working time of the employees.

However, it was apparently not clear to many employers that there was an obligation to record working hours. Again MDR reported, companies wanted a corresponding verdict were.

Employees may actively request the recording of working hours

The Federal Labor Court was not at all obliged to deliver the law. However, it wants to accommodate companies.

Already middle Sep 2022 the Court of Justice passed a corresponding landmark judgment. Now the judges delivered the Judgment reasoning and explained the new time recording in concrete terms.

However, there is an innovation for employees: Thanks to the detailed reasons for the judgment, they can now actively demand the recording of working hours.

This is in the new resolution on recording working hours

Among other things, the new law stipulates that employers are obliged to introduce a system for recording working hours. Compared to the Focus Munich labor lawyer Marius Eichfelder explained the most important points.

1. The obligation to record working hours lies with the employer

If supervisors do not give their employees clear instructions on how to record working hours, they do not have to do it themselves.

This also means that employees who have not yet recorded their hours do not have to expect any penalties.

Employers don’t have to panic either. According to Eichfelder, there can only be penalties for companies that do not correctly record the working hours of their employees from 2023.

2. Timekeeping as a reason for termination

If the employer issues a corresponding request for the recording of working hours, this is obligatory. If employees do not comply, the boss can issue a warning and, in the worst case, even dismissal.

3. Digital timekeeping

Although the Federal Labor Court does not state it clearly, Eichfelder assumes that working hours must be recorded digitally. The reason for this is a decision by the European Court of Justice. It prescribes objective, reliable and accessible methods.

The lawyer doubts that an Excel spreadsheet or a sheet of paper will meet the requirements. These methods could be challenged in court. Therefore, companies will probably resort to technical solutions such as chip cards or mobile phone apps.

Supervisors are also obliged to provide appropriate technical options. Employees do not have to use their private devices to record working hours.

4. Overtime must be correctly recorded

If employees want to reduce their overtime, they have to prove that the supervisor actually ordered or approved it. If the working hours are not recorded correctly, discrepancies can quickly arise between employees and their bosses.

The digital recording of working hours can help, as both the boss and his employees can view the hours in the system. If you are not yet working with a corresponding technical solution, you should have the hours countersigned regularly.

5. Cigarette breaks are not working time

In addition to the lunch break, some employees also interrupt their work to smoke a cigarette, for example. This is considered a break and must be recorded. Going to the toilet, refilling the coffee cup or even a short conversation with colleagues are part of the working time.

Working hours in the home office

the Working hours in the home office usually has to be recorded in the same way as in the office. This means that employees have to enter, log and document their working hours.

Law applies immediately

The first proposal for the new law is planned for early 2023. However, executives who had hoped for a transitional period will be disappointed: the verdict is effective immediately.

Because even without an extra law, employers have long been obliged to record the working hours of their employees.

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