European employers must fully record the working hours of their employees — this is how the European Court of Justice as early as 2019. Until now, Germany, as in other EU countries, has only had the obligation to record overtime worked precisely. With the rulings of the ECJ and the Federal Labor Court From September 2022, this regulation was overturned. But what do employers and employees have to consider from now on?
Time tracking systems: Who needs them and why are they mandatory now?
Time recording systems record and document the working hours of employees. They are used both for employers to check whether the legally required working hours and breaks are being met, and for employees to track their overtime and correct payslips.
ECJ and BAG ruling: time tracking as an obligation
The European Court of Justice (ECJ) ruled in 2019 that working hours must be recorded completely. The Federal Labour Court (BAG) followed suit with the time clock ruling in 2022 and obliged employers to use time recording systems in accordance with the Occupational Health and Safety Act.
These are the new rules following the time clock ruling at a glance
According to the Federal Labor Court ruling in September 2022, employees must Attendance From now on, record exactly what will have far-reaching effects on everyday working life. What exactly is regulated?
- Obligation to record working time: Employees must now record their hours worked precisely; employers are required to provide an appropriate system and ensure its use.
‍ - Self-recording possible: Employers may oblige their employees to record working hours themselves, including trust-based working hours.
‍ - Immediate implementation: The new rules apply immediately, without a transition period, in accordance with the ECJ ruling of 2019 and the BAG decision of 2022.
‍ - Design leeway with the method: The BAG does not specify how working time recording must be carried out; various methods such as a time clock, computer system or manual recording can be used.
‍ - Relevance to employment law: The BAG's reasoning clarifies existing EU requirements and directly implements them into German employment law, even though there are still no national laws on this subject.
Recording working time without bureaucratic effort
It is estimated that around 1/3 of German employees already record working hours today. In many cases, this is done with a mixture of a Timesheet from paper and entries in Excel. However, this solution is highly error-prone and unreliable. An incorrect formula and the entire Excel sheet are no longer useful.
One of the leading solutions in the area of time recording software is ZEP. ZEP is the central platform for your times and projects — modular, flexible and tailored to your business needs. Whether it's digital working time recording, automated project controlling or complete professional services automation or ERP solution — ZEP supports you in every phase of your projects. Our software is “Made in Germany” and guarantees the highest security standards through hosting in certified German data centers. For over 20 years, companies such as Deutsche Bahn, Mercedes-Benz and Natuvion have trusted us to manage complex projects.
Mobile time recording
ZEP enables seamless time recording by stamping and stamping via app, browser, or terminal. Employees can record their working time in seconds, regardless of whether they do so on a smartphone, tablet or web-based computer. Thanks to direct synchronization with the cloud, all data is always up to date and error-free, which ensures seamless and accurate time recording.
GDPR-compliant & Made in Germany
Data security is ZEP's top priority. The software is fully GDPR-compliant and stores all working time data in German data centers, which meets the highest data protection requirements. In addition, ZEP meets the legal requirements of the European Court of Justice (ECJ) and the requirements of the Federal Labour Court of September 2022, so that the Working time recording is legally compliant at all times in your company.
Configurable break arrangements and special times
ZEP offers flexibly configurable break control that adapts to the individual requirements of your company. Breaks can be entered manually or automatically deducted in accordance with internal guidelines. In addition, the system makes it possible to manage surcharges and special working hours (e.g. night work), which can be configured securely and in accordance with the law for each individual employee. This ensures that working hours are recorded correctly and in accordance with legal requirements.
Customizable tasks & evaluations
Evaluating working hours and projects is particularly easy with ZEP. You can choose from a variety of ready-made reports or generate individual evaluations of customers, projects and employees in a matter of seconds. Automatic tasks can also be set up, such as reminders for stamping, which ensures maximum efficiency and time savings.
Time clock ruling by the Federal Labour Court: Decisions on recording working time in detail
Following the BAG ruling in September 2022, thunderclap swept through the Republic: Is the time clock coming back now? General ambiguity spread when the labor court ruled: From now on, employees must record their hours worked. Only the “how” was not clarified. In December 2022, the long-awaited (and also dreaded) Statement of reasons for the BAG published. On a full 22 pages, the judges explain which points are now relevant for employers and employees in the future and how their everyday working life could possibly change as a result. The time clock judgment states the following reasons:
Working time must actually be recorded
According to the verdict, it is not enough that employers simply provide a system for time recording — the system must also be used. Employers and employees are therefore required to record their working hours precisely from now on, with employers being able to oblige their employees to record themselves. This also applies to so-called trust-based working hours. Here, too, times must be recorded by the employee and controlled by the employer.
From when? From now on!
According to current EU law, there is already an obligation in Germany to precisely document working hours with the ECJ ruling of 2019. However, the federal government has not yet Working Time Recording Act launched. The specification must first find its way into valid employment law. The BAG pushed ahead here in September 2022 and decided: The new rules apply immediately! This is also reflected in the corresponding judgment: There would be no transition period. Working hours must be recorded precisely from now on.
Is the time clock coming back to German companies?
No or not necessarily. In its verdict, the BAG does not prescribe HOW working time must be recorded, but simply THAT it must be documented. How this is done is up to employers. Whether by time clock, with the help of a computer system or by piece of paper — the court gives employers room for manoeuvre here.
This is how the new rules of the judgment are justified
The new provisions of the Federal Labour Court (BAG) judgment are comprehensively justified. First, the BAG underlines the need for employers to introduce a system for recording working time that takes appropriate account of the safety and health protection of employees. It is not enough simply to choose a cost-effective system; rather, it must be suitable and reliable. Employers may delegate time recording to employees, but they must ensure that the system is actually being used, which requires random checks.
In addition, legal data protection regulations must be observed when introducing a time recording system. There is still no obligation for senior employees to record working hours, but it must be checked on a case-by-case basis whether a manager is actually considered a senior employee.
conclusion
European employers must fully record the working hours of their employees — as the European Court of Justice ruled back in 2019. Until now, Germany has only had the obligation to record overtime precisely. With the judgments of the ECJ and the Federal Labour Court (BAG) of September 2022, this provision was amended. From now on, employees must precisely document their working hours, which will have far-reaching effects on everyday working life.
The new rules oblige employers to provide an appropriate system for recording working time and to ensure its use. This can be done through self-recording by employees, including trust-based working hours. Implementation is immediate and there is no transition period. Employers have room for manoeuvre when choosing the method for recording time, whether through a time clock, computer system or manual recording. These changes directly implement the existing EU requirements into German employment law, even without national legislation.
With ZEP, companies not only get a mobile and flexible solution for time recording, but also legally compliant software that ensures that all data is stored in accordance with GDPR. From simple handling and evaluation options to secure storage of data — ZEP offers a comprehensive solution that meets modern requirements for recording working time.
FAQs
When does the working time verdict begin?
According to current EU law, since the ECJ ruling of 2019, there has also been an obligation in Germany to precisely document working hours. Although the federal government has not yet passed a corresponding law, the Federal Labour Court (BAG) pushed ahead in September 2022 and decided that the new rules apply immediately. This is expressly emphasized in the judgment: There is no transition period. Working hours must be recorded precisely from now on.
How must working time be recorded?
The BAG does not prescribe how working time must be recorded, but simply that it must be documented. It is up to employers whether they record working hours using a time clock, computer system or manually. The Court Leaves Room for Manoeuvre here.
Who can view the time recording?
The working time recording data may be viewed by the following parties: the works council, individual employees and the employer. Access by third parties is only permitted if the person concerned has expressly given their consent.
