Why working time flexibilization will remain a challenge in the future

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 to be observed.”

This means that more than 50 percent of employees in Germany who are not employed under an industry-wide collective agreement are excluded from the outset from any potential opportunity to make working hours more flexible.

The situation is similar with regard to the maximum daily working time, where also “a limited possibility for deviation from the currently existing regulations of the Working Hours Act” is to be created “if collective agreements or company agreements, based on collective agreements, provide for this”.

In addition, with regard to the ECJ ruling on the recording of working time, the new coalition would like to examine in dialog with the social partners what need there is for adjustments in the area of working time law. In this context, the demand is also made that “flexible working time models (e.g. trust-based working time) must continue to be possible”.

The bottom line is that working time flexibility will continue to be subject to high legal hurdles in the future, particularly under the Working Time Act (ArbZG). Even though the coalition agreement calls for a significant expansion of home office and mobile work options, the lack of options in the area of flexible working time models will often prevent their implementation to the benefit of employees and employers.

Note: This blog article does not constitute legal advice and, in particular, cannot replace individual legal advice.

Does working time have to be recorded in the home office?

Muss im Home Office Arbeitszeit erfasst werden?

Even 18 months since the start of the coronavirus pandemic, many employees are still working partially or completely from home.
Companies and organizations have used the time to establish hybrid models or leave it entirely up to their employees to decide where they want to work from.
want to.
Depending on the specific workplace and industry, the scope for design varies.
This is increasingly accompanied by the fact that working hours are being made as flexible as possible by employees – often without the employer’s knowledge.
But is this even permissible and is there not an obligation to record working hours even when working from home? In spring 2019, the European Court of Justice (ECJ) ruled that companies within the European Union must document all hours worked by their employees in future.
However, the German legislator has not yet transposed the ruling into national law.
A general obligation to record working hours is therefore not enshrined in the German Working Hours Act (ArbZG), but overtime must be documented (if the working time exceeds the maximum working time of eight hours on weekdays), as well as work on Sundays and public holidays.
This requirement naturally also applies to working from home.
Furthermore, the Working Hours Act (ArbZG) must also be observed when working from home.
Among other things, this stipulates (regardless of the place of work) that the maximum working time per day (10 hours) or per week (48 hours) may not be exceeded.
In addition, the generally applicable regulations on break times and rest periods must also be observed when working from home.
In terms of occupational health and safety, it is therefore all the more important to record the time worked when working from home – because the employer has a duty of care to monitor compliance with the aforementioned regulations and thus ensure the health and safety of its employees.
A modern solution for digital working time recording, which can be used not only in the company but also from the home office or mobile via a smartphone app, can do this.
In addition to compliance with the aforementioned legal provisions, the establishment of such a solution can also optimize cooperation between employees if they can see the current status of their colleagues – such as present, absent or on break – in real time.