Trust-based working hours and working time recording: do they go together?

If every employer has to record all working hours in future, will trust-based working time no longer be possible?

We take a closer look at this in this article. At this point, it can already be anticipated that the answer is neither a clear yes nor a clear no. That’s why this article is longer than two lines.

The short answer: trust-based working time has a different definition

Trust-based working time is not dead. This is because there are Time & Attendance tools that allow employees to enter their times completely by hand. This is based just as much on trust as a scenario in which no times are recorded at all.

So we simply have to define trust-based working time differently in future. It no longer means that the employer does not record any working hours at all. In future, trust-based working time means that the recorded times are based on trust and are used exclusively to ensure compliance with the Working Hours Act and not to monitor employees.

The long answer: This is what trust-based working hours look like with the new law

So objectively speaking, trust-based working hours mean that the employer does not monitor the working hours of its employees at all. The working hours are therefore based entirely on trust.

Now the European Court of Justice has ruled that all companies in the EU must in future record all their employees’ working hours. Previously, under German law, this only applied to overtime – in other words, only all time worked in excess of 8 hours per day had to be recorded.

There has been criticism of these regulations in recent years, as it is hardly possible to document overtime if the employer does not record the time when someone starts working. Then it makes more sense to use a time clock and record all working hours. Overtime can then be calculated much more accurately.

Time clocks sound like a lot of control and in practice are not compatible with trust-based working hours. But in professions with flexible working hours and locations, the time clock doesn’t work anyway.

And that is why the question of the “end” of trust-based working hours is not a clear yes. The current draft law provides for fully electronic working time recording. However, it does not say that the employer must record the times themselves. For example, with a time clock. He is only responsible for providing employees with a suitable electronic tool for recording working hours.

This means that working hours are still based on trust, as employees enter them manually into a tool. The working hours recorded in this way can be evaluated by the employer and are important for monitoring compliance with the Working Hours Act. We have already made a video about this, which I will link to in the description.

Employers therefore have two options with the new law:

Firstly, either a fairly accurate and location-based recording of working hours using a digital terminal or at a PC workstation. There are quite a few options that record working times in real time.

Secondly, the alternative is the one that comes closest to trust-based working hours. The employer provides a software tool and the employees record their working hours there on their own responsibility. And that is again based on trust.

Especially in companies with flexible work locations, the second option will probably be used most often.

Important additional thoughts on trust-based working hours

A brief digression at this point. Many employees are afraid that the mandatory recording of working hours will take away their flexibility. There are a few interesting studies that show that people with trust-based working hours and working from home often work more overtime than those who are in the office, for example. And with trust-based working hours, overtime is recorded much more poorly or not at all, which is ultimately bad for the employees.

Imagine you work from home and have trust-based working hours. The weather is nice in the afternoon and you think – cool, I’ll go out for a while and then work this evening. In the evening you’re hungry, make something to eat, then it’s half past 8 and you have to work for another 2 hours. No desire at all.

So – realize that trust-based working hours can also cause stress. Merging work and leisure sounds good, but fixed working hours also have advantages. Employees have enough breaks, enough rest time and know that they don’t have to think about work after work. There is a fitting quote from the Federal Minister of Labor. He says: “There has to be an end to work at some point.”

Conclusion – Trust-based working hours and Time & Attendance – do they go together?

As I said above, the answer is yes and no. We need to adapt our understanding of “trust-based working time” somewhat, but ultimately there is nothing to stop the recorded working times being based entirely on trust.

So – if you as an employee :in are prescribed Time & Attendance by the company, remember that the legislator has thought of this to protect you and to make employers consistently comply with the Working Hours Act.

And if you are an employer, talk openly with your employees about it. With trust-based working hours, it is important that everyone is satisfied with the concept and that no one feels observed or controlled.

Ultimately, it’s about achieving the best situation for employees and companies. And Time & Attendance – if used and communicated correctly – can be a step in the right direction.