Time tracking becomes mandatory. Even though we are still stuck on the draft bill in March 2024, the law is likely to come soon. And that’s why we’re talking today about what will change with the new law.
- What do we know?
- What does the draft law say?
- What is not quite clear yet?
What exactly does the draft say?
“the employer is obliged to electronically record the start, end and duration of the employee’s daily working time on the day the work is performed.” 1. “The employer is obliged” The responsibility therefore lies with the employer. They must ensure that a suitable tool is available for employees to use.2. “Start, end and duration of employees’ daily working hours”
It is therefore not enough to simply write down that you have worked 8 hours. You also need to document when you started working and when you finished.3. “on the day the work is performed”
The working time must be recorded immediately on the respective day. For example, you cannot simply enter the times in a table at the end of the week. There are exceptions in certain cases, for example collective agreements or works and service agreements. In these cases, working hours must be recorded by the end of the week at the latest.4. “to record electronically”
The word “electronic” changes things. There are many companies – especially in the construction industry or in businesses such as electricians or plumbers – that currently simply write their times on a piece of paper. A clear statement: this will no longer be possible with the new law. Other solutions will have to be found. The legislator does not say exactly what these must look like. Employers are quite free in this respect. Normal time clocks are therefore possible, which then record the data digitally and store it centrally. But tools on employees’ computers are also conceivable. These automatically record the start and end of working hours. And of course there are also tools where employees enter their times manually. This is particularly important for flexible work locations. If a company has a lot of people working from home, a time clock doesn’t make much sense. The time recording system must of course also work at home.Exceptions to the Working Hours Recording Act
The most important question with new laws is: Does this also apply to me? And of course there are exceptions to the new law on working time recording. The draft currently states that companies with fewer than 10 employees are exempt from the obligation. In addition, companies abroad that do not have a permanent establishment in Germany and post fewer than 10 employees to Germany. Collective agreements, works and service agreements may also provide for exemptions from electronic recording. There is also a sentence stating that the obligation to keep records does not apply to employees “for whom the total working time is not measured or cannot be determined in advance or can be determined by the employees themselves due to the special characteristics of the work performed”. This only affects a very small group and if you want to use it, you probably have to be able to make a very good case for it.Further regulations on recording working time
According to the ECJ ruling, the method of time tracking must be reliable, objective and easily accessible. However, there are no specific requirements. Within the EU, the paper form will also be possible, but it looks as if Germany is about to go one step further and implement time tracking completely electronically. When exactly will this law come into force and when will it apply? Nobody knows exactly when it will be passed; the government is not yet in full agreement on what changes are still to come. Once the law is in place, companies will have until the beginning of the next quarter to implement it. There is also a transitional period of one year during which companies can switch to electronic tools. During this period, the paper form will still suffice. The transition period may vary depending on the size of the company.You are currently viewing a placeholder content from YouTube. To access the actual content, click the button below. Please note that doing so will share data with third-party providers.
More InformationYour company does not yet have time tracking that complies with the BAG ruling?
ZMI offers you flexible solutions for recording working time. We will also find an individual solution for your company:
- Time tracking at the stationary terminal,
- at the PC workstation or
- Mobile with a variety of end devices
Would you prefer to call one of our experts?
Please contact us at: +49 9704 60392-100.