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 will 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. There are time tracking 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 will instead mean 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 time looks like with the new law

Objectively speaking, trust-based working hours mean that the employer does not control the working hours of its employees at all. 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 working hours of their employees. Previously, this only applied to overtime under German law – in other words, only all hours 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. In this case, it makes more sense to use a time clock and record the entire working time. 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 recording of working time. However, it does not state that the employer must record the times themselves. For example, with a time clock. They are only responsible for providing employees with a suitable electronic tool that can be used to record 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.

Employers therefore have two options with the new law:

1. Either a fairly accurate and location-based recording of working times with a digital terminal or at the PC workstation. There are quite a few options that record working times in real time.
2. The alternative is the closest thing to trust-based working hours. The employer provides a software tool and the employees record their working hours there on their own responsibility. And this 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 employees.

Imagine you’re working from home and have trust-based working hours. The weather is nice in the afternoon and you think to yourself – 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 already half past 8 and you have to work for another 2 hours. You don’t feel like it.

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’s 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 tracking – do they go together?

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

So – if you as an employee :in are prescribed time tracking 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 about it openly with your employees. With trust-based working hours, it is important that everyone is happy 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 tracking – if used and communicated correctly – can be a step in the right direction.