The obligation to record time is here what applies now?
The ruling of the Federal Labor Court in September 2022 was the first bombshell: The court granted a works council the right to initiate the introduction of a time recording law. Now things are getting serious: Last Saturday, the Federal Labor Court published the written reasons for the ruling. And these do not leave many questions unanswered.Man with protective mast looks at cell phone with clockin app
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The document now published by the Federal Labor Court is actually just a written version of a ruling from September on the obligation to record working hours . At the time, the reasons for the ruling were only presented orally and are now supported by this document.
Following a ruling by the European Court of Justice, European member states have been required to pass a law requiring time recording since 2019. However, this has not happened yet.
In the oral reasoning of the chief judge, the federal Cell Phone Number Database government is already being urged to hurry up. Since then, it has been unclear what concrete consequences this ruling will have for companies with regard to time recording in Germany. The reasoning for the ruling now clarifies this.
The judgment is not only based on the ECJ ruling
In its reasoning for the ruling, the Federal Labor Court based its decision in favor of a right of initiative for the obligation to record working hours on labor law and the Working Hours Act. These stipulate that employers must ensure that rest periods are observed. This is intended to ensure the protection of the safety and health of employees.
The ECJ ruling of 2019 already stated that in order to correctly implement this requirement, an "objective, reliable system for recording time must be introduced". However, such a system must not only record the start and end of daily working hours, but must also collect and record this data .
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This means that the hours worked, including overtime and additional work, must be recorded . Likewise, such a system must not only be made available, but also actually be in use .
The basis for the obligation to record time is already laid down in the Occupational Safety and Health Act
However, this basis is not sufficient to make a ruling in Germany. However, the BAG found reasons for its ruling and thus a determination of the obligation to record working hours in the German Occupational Safety and Health Act . In the third article, employers are obliged to ensure a "suitable organization". This also requires them to provide the "suitable means" for this.
The Federal Labor Court understands the law as follows: In order to comply with the legal requirements of an organized company, it is mandatory to record and ensure working hours. This is the only way to ensure that the requirements of labor law are complied with.
Is trust-based working hours now dying because of the obligation to record working hours?
We have already summarized here that trust-based working hours and time recording do not agree on all points . In the end, it is a matter of definition : if trust-based working hours are understood to mean the freedom to choose when to start and end the working day, the ruling on the obligation to record time does not affect this working model. However, working without recording time is contrary to the ruling. So you can continue to work flexibly. It is only important that your working hours are recorded during this time in order to ensure that rest periods are observed. That is why it is important to use a time recording tool that is simple and quick to use.
What consequences does this have for companies?
The ruling states clearly: The obligation to record working hours applies immediately. There is no transition period. It is now up to the federal government to pass a law that is suitable for practical use.
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