New Ruling: Working Hours Recording Now Mandatory

memduh turan

Memduh Turan

September 14, 2022 • 4 minutes read

According to a new ruling by the Federal Labor Court, employers are obliged to record employees' working hours. This ruling may have far-reaching consequences and work councils in companies can insist on the electronic recording of working hours. This obligation is still the subject of intense debate in the coalition government, in business and among labor lawyers.


Far-reaching consequences for trust-based working time models and working from home

Experts assume that this ruling regarding the recording of working hours will have a particular impact on trust-based working time models, which are now very widespread. It stands to reason that this will also affect remote working and home office workers. At this point, HR software that enables time recording independently of the workplace can be of great benefit.

The time clock ruling of the European Court of Justice

Until now, only overtime and Sunday work had to be recorded under the German Working Hours Act. Inken Gallner, President of the Court, justifies the obligation of employers to record working hours with the time clock ruling of the European Court of Justice.

Reason for the amendment to the Working Hours Act

The Federal Labor Court decided about the ruling after hearing a case in North Rhine-Westphalia. The works council was unsuccessful in its efforts to obtain a right of initiative to introduce an electronic time recording system. The Federal Labor Court justified this by stating that there is already a legal obligation to record working time.

More About Working Time

The Working Hours Law serves to protect the health and safety of employees. Here you will find answers to their questions. Subject of the regulation, how overtime is navigated and violations are handled.


Changes to the Working Hours Act still in progress

In the debate regarding the amendment of the German Working Hours Act, the Federal Labor Court highlighted its landmark ruling. The German government is still working on translating the European Court of Justice's 2019 guidelines about introducing objectiveness, reliability and accessibility when recording working time into German law. The judge of the First Senate emphasized that, according to a passage in the Occupational Health and Safety Act, the employer must introduce a system that records employees' working hours.

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