HR-Know-how Archive - ZMI

Can the works council demand the introduction of working time recording?

A ruling by the Hamm Regional Labor Court (7 TaBV 79/20) caused a stir in July 2021: In this ruling, the works council was granted the right to demand that the employer introduce an electronic time recording system for all employees. But what is so groundbreakingly new about this ruling? A look at the Works Constitution Act (BetrVG) shows that the works council in companies under Sec. 80 para. 1 No. 1 of the Works Council Constitution Act (BetrVG) to ensure that the laws and regulations applicable for the benefit of employees are implemented. These include, among others, the requirements of the Working Hours Act (ArbZG). In this context, employers shall, pursuant to Sec. 80 para. 2 BetrVG, the documents required for this purpose, i.e. in this specific case the working time records, must be made available to the works council. Here, for example, the question is whether the legal

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Why working time flexibilization will remain a challenge in the future

Two months after the federal election, the leaders of the SPD, FDP and Greens yesterday presented the coalition agreement of the so-called traffic light coalition. This sets out the plans of the three parties for the next four years at the federal level. Particularly with regard to the topic of new working environments and new work, all the parties involved in the federal election campaign had emphasized that the legal framework would have to take account of the new realities in the future. After the presentation of the paper, however, it is clear that there is no scope for end-to-end flexibilization in the future either. The paper states: “Within the framework of a temporary regulation with an evaluation clause to be concluded in 2022, we will make it possible for employees to organize their working hours more flexibly within the framework of collective agreements under certain conditions and within deadlines

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When will the ECJ ruling make the recording of working hours mandatory?

UPDATE: Federal Labor Court sees mandatory recording of working hours In its ruling (1 ABR 22/21) dated September 13, 2022, the Federal Labor Court (BAG) in Erfurt states that employers under Section 3 para. 2 No. 1 ArbSchG are obliged to introduce a system with which the working time worked by employees can be recorded. In doing so, the Federal Labor Court refers to the interpretation of the German Occupational Health and Safety Act (ArbSchG) in conformity with European law and thus to the  ECJ ruling on the recording of working hours  from May 2019. At the same time, flexible working hours and work locations are being implemented across the board in German companies and organizations. This gives rise to new areas of conflict, particularly in the context of the German Working Hours Act (ArbZG). Kathrin Reitner, Partner and Head of Employment Law at Grant Thornton Rechtsanwaltsgesellschaft mbH, and Daniel Vogler,

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Why manual time recording in Excel causes costs

Personnel documents are still stowed away in cabinets, vacation requests are filled out and processed on paper, and working hours are documented on paper or in Excel. This is a tremendously tough and, above all, time-consuming matter that involves a huge amount of administrative work. Labor is needlessly wasted on repetitive, unnecessary, and non-value-added activities. And this despite the fact that flexible software solutions already enable automation of these processes. Recording of working time? Let’s do it in Excel for free! The documentation of hours worked in the spreadsheet is supposedly quick to do. But a closer look reveals that the supposedly cost-effective solution can quickly become a cost factor. Often neglected aspects are Effort of manual recording Rounding by the employees as well as post calculation in the back office In total, numerous minutes of work quickly add up, which, for example, with an imputed hourly rate of 40.00

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