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The obligation to record working hours is here. Now all companies must systematically record the working hours of their employees. This was decided by the Federal Labor Court in a ruling on September 13, 2022. Hubertus Heil has now presented the federal government with a first draft law on "electronic time recording". But this still raises many questions and dissatisfaction: What are the new requirements now? Why is recording working hours so important in companies? Will working time models such as trust-based working hours be destroyed in this way? And how can the future law be implemented quickly and easily in practice? We want to clear up some misunderstandings and shed light on the matter.
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April 18, 2023 - Heil presents draft law on "electronic time recording"
Hubertus Heil, Federal Minister of Labor, has now presented the first draft law for a mandatory "electronic recording of working hours" to the federal government. This is based on the requirements of the Federal Labor Court and Cell Phone Number Database the European Court of Justice, but also has some special features. But basically it says what was to be expected: "The start, end and duration of employees' daily working hours must be recorded electronically." This draft must now go through the cabinet and then through the parliamentary process.
You can find further information on the draft law here.
December 5, 2022 - Reaction of the Federal Ministry of Labor
In response to inquiries, the Ministry of Labor stated: We will examine the reasons for the decision in detail and look at the consequences this will have for the legislator in detail. A proposal for the design of working time recording is expected to be made in the first quarter of 2023.
December 4, 2022 - Reasons for the judgment of the Federal Labor Court
The Federal Labor Court's written reasons for the judgment are now available. The judgment given orally in September has now been underlined in writing: employers are obliged to introduce a time recording system. The Federal Labor Court does not specify what this system should look like (whether digital or analogue). However, they do not grant the employer a transition period.
You can find further information about the written judgment here.
With the new ruling by the Federal Labor Court in September 2022, it is now also clear in Germany: Here, too, employers are already seen as having an obligation to systematically record the working hours of their employees.
You can find further information on the BAG ruling here.
May 14, 2019 - ECJ ruling
After a Spanish union filed a lawsuit against the local branch of Deutsche Bank regarding the recording of employees' working hours, the European Court of Justice ruled in the final instance . It determined that all European member states are now obliged to introduce systematic time recording in their companies. Since then, the German government has been working on incorporating these requirements into German law.
Is time recording now mandatory?
At the current time (April 2023), employers in Germany are obliged by the ruling of the Federal Labor Court to record all working hours of their employees. This is to ensure that the Occupational Safety and Health Act is complied with. The new draft law on electronic time recording underlines this.
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