Working time recording according to the BAG

New developments in case law at European and national level bring with them far-reaching changes and challenges for operational practice.

Generally speaking, many companies are moving “away from the time clock – towards flexible trust-based working hours”. Models such as flexitime, working from home, etc. are very popular. Employers do not have to deal with minute-by-minute billing and employees do not feel overly controlled.

The ECJ took a different view and issued a momentous ruling in 2019: the precise recording of working hours for each individual employee is to become mandatory throughout Europe in future.

Important ECJ and BAG rulings

However, the German legislator remained inactive for a long time until the Federal Labor Court made its own decision in 2022 to drive the necessary change in line with the ECJ and interpreted the existing Occupational Health and Safety Act in such a way that the obligation to record time could be read into it (BAG, decision of 13.09.2022, Ref.: 1 ABR 22/21).

The gap between theory and practice

Nevertheless, numerous individual questions remain that have so far only been discussed and not conclusively clarified. In particular, there is no legal formulation of the new requirements.

The practical implementation of time recording is also still causing some problems. We summarize the current situation and the need for action for you in our main topic.

Implementation in Germany

In the meantime, the implementation of the court’s requirements in Germany has begun with a draft bill for an amended Working Hours Act. We have looked at the draft and are evaluating it from a legal perspective.

Technical Solutions for Time Tracking

As legal requirements have become stricter, the market for time-tracking systems has grown significantly. Many companies now rely on digital solutions that enable accurate and user-friendly tracking of working hours. In addition to traditional time clocks, modern time-tracking systems offer mobile apps, desktop applications, and web portals that allow employees to track their work hours flexibly and from anywhere. Such systems not only enable accurate time tracking but also provide a clear overview of overtime, break times, and vacation entitlements.

For companies, digital systems offer an efficient way to comply with legal requirements while also ensuring transparency for employees. They enable automated reporting and streamline payroll processing, which not only minimizes administrative overhead but also enhances traceability.

Advantages and Challenges of Time Tracking

The requirement to track working hours presents both advantages and challenges for companies and employees. One of the biggest advantages is improved control and traceability of working hours. This allows companies to ensure compliance with legal regulations regarding maximum working hours and breaks. For employees, transparent time tracking often leads to greater awareness of the overtime they’ve worked and their own work-life balance.

However, there are also challenges: Many companies fear an increase in red tape and the risk that trust will be replaced by control. That is why it is important to design a time-tracking system that integrates as seamlessly as possible into the daily work routine and allows employees flexibility.

The Future of Time Tracking: Combining Flexibility and Compliance

In the future, time tracking will become an increasingly integral part of corporate management. Especially in today’s modern workplace, which is characterized by hybrid models, it remains a challenge to balance legal requirements with employees’ demands for flexibility. Companies will have to address the question of how they can design a system for tracking working hours that is both flexible and legally compliant. Implementing a transparent yet flexible system for tracking working hours is therefore crucial for strengthening employee trust while also meeting legal requirements.

In summary, it is clear that time tracking is a central component of modern work models, one that must balance compliance with legal regulations and the needs of employees. Successful implementation therefore requires both the use of modern technologies and a trusting corporate culture that values flexibility and compliance in equal measure.