Working time recording according to the BAG

New working time models?

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.