Software for time control at work?

In the middle of last year, the European Court of Justice decided that the recording of working hours must be fully guaranteed. This applies to the protection of employees. But what does the ECJ ruling mean in detail? Does the judgment relate to German law? Will the time clock come back for time recording or will it be the software?

In principle, the European Court of Justice in Luxembourg has obliged all employers in the member states of the EU to fully and systematically record the hours worked by their employees. This is intended to ensure that all European states of the European Union's Charter of Fundamental Rights act in accordance with the EU working time directives. Thus, time recording must be fully ensured. In this respect, all employers are obliged to ensure reliable and objective recording of working hours.

The judges in Luxembourg ruled in such a way that the special features of certain areas of activity and their peculiarities are also taken into account. These can certainly influence the choice of the recording system to be used. In principle, it is irrelevant which system is used to ensure implementation. In this respect, a return of the time clock or time clock would be possible. More likely in this context, however, is the software for time recording.

Specifically for Germany, the verdict means that many sectors that currently do not have working time recording must now introduce it. The trade unions see this as progress for the employee, whereas the employers are naturally critical of it at first. Because a strict implementation means additional bureaucratic work even with software for processing apart from the Office products . So far, the recording of working hours only has to take place insofar as only the time that accumulates as overtime after the normal working hours is registered.

Documentation does not necessarily have to take place for field assignments or regular comings and goings in a company. But even today there is already a comprehensive obligation to record working hours in some sectors. This applies, for example, to building cleaning, the meat industry, the transport industry or the construction industry. Since fixed salary limits have to be observed here due to the minimum wage, the time recording of working hours must be ensured accordingly.

A similar scenario applies to shipping or mini-jobbers. Even in industrial companies, there is often a meticulous recording of working hours without there being a legal requirement for this. In many cases, a modern type of time clock is used, which registers coming and going via chip cards, for example.

Irrespective of the ECJ ruling, German law is basically already clear in the regulations. An employee can work a maximum of 48 hours a week. In addition, they must be free for at least eleven consecutive hours within 24 hours without this time being interrupted. This period is considered a rest period. Within 7 days, this must be an additional 24 hours.

So no one has to expect the return of the time clock for the time being. There will be an exact recording of working hours - but today this can easily be achieved with software. In addition, the technology has progressed so far that this can easily be done with a smartphone, an app or the computer system at work. Nevertheless, the ECJ judgment also means cuts. Because the trust-based working hours previously used by many employees are practically eliminated. Because with this, the focus was on the target and not the precise fulfillment of the contractual working hours. In addition, the employer can transfer the obligation to record time recording to the employee.