What is working time fraud?
Working time fraud refers to the deliberate falsification or manipulation of working time data by employees in order to receive unlawful remuneration for work not performed. This constitutes a serious breach of contractual obligations and can have consequences under both employment law and criminal law.
Typical forms of working time fraud
Working time fraud can take various forms, including:
- Manipulation of time tracking: incorrect clocking in or out, for example by colleagues (“buddy punching”).
- Unrecorded breaks: Extended breaks that are not documented.
- Private activities during working hours: Regular private surfing or telephone calls.
- False information on overtime: Indication of overtime that was not worked.
- Unexcused absence: Regular unexcused absence from work.
Legal consequences
Working time fraud can have considerable legal consequences:
- Warning: A warning may be issued for the first violation.
- Ordinary termination: Repeated violations can lead to ordinary termination.
- Termination without notice: In serious cases, termination without notice is possible, particularly in the case of willful deception.
- Criminal consequences: Working time fraud can be punishable as fraud under § 263 StGB and result in fines or imprisonment.
Prevention and detection
The following measures can be taken to prevent and detect working time fraud:
- Clear working time regulations: Create transparent and comprehensible working time regulations.
- Electronic time recording systems: Use of modern time recording systems for complete documentation of working hours.
- Training and awareness-raising: Inform employees about the consequences of working time fraud.
- Promoting a culture of trust: Create a working environment based on trust and responsibility.
Conclusion
Working time fraud is not a trivial offense, but a serious breach of employment contract obligations. Both employees and employers should be aware of the consequences and take measures to prevent and detect it in order to ensure a fair and transparent working environment.