Electronic time recording becomes mandatory – but not for small businesses

Companies will be required to electronically record all hours worked in the future, according to a draft law from the Federal Ministry of Labor. Exceptions will be made for collective bargaining partners and micro-enterprises.

This article is part of the special topic Record working hours - but how?

According to one Bill of the Federal Ministry of Labour, companies must ensure that the Working hours their employees accurately recorded The law stipulates that the daily working hours of employees in Germany electronically is recorded. Collective bargaining parties can, however, exceptions agree. Also Small businesses with fewer than ten employees are exempt.

No obligation for companies with fewer than ten employees

According to the draft law, the employer should be obliged to Beginning, end and Duration the daily working hours of employees to record electronicallyHowever, the recording can also be done by the Employees themselves or by one Third take place. the Collective bargaining partners According to the draft exceptions They should therefore deviate from the electronic form and allow for manual Paper recording can allow.

These specific changes are planned:

1. Section 16 (2) Working Hours Act is amended to the effect that the start, end and duration of the daily working hours of employees are generally determined on the day of work electronically are to be recorded.

2. It is clarified that the employer can limit the recording to the employees "delegate" can.

3. The employer can on the Control the contractually agreed working hours renounceTo this end, the employer must ensure that he is made aware of any violations of the statutory provisions concerning the duration and timing of working hours and rest periods.

4. Of the Employee can a Information about the recorded working hours demandsThe employer may have to Copy of the recording provide.

5. In a Collective agreement or based on a collective agreement in a works agreement Deviations agreed Werden:

• from the electronic form,
• from the time of recording within a period of up to seven days,
• for workers whose total working time is not measured or determined in advance or can be determined by the workers themselves due to the specific characteristics of the activity performed.

6. For employers who do not have more than ten employees employ, the engagement for recording in electronic form not availabe.

7. For all other employers, the following rules apply with regard to Form (not regarding the timing) Transitional provisions from the entry into force of the Act, which are staggered as follows: for employers with 250 or more employees, a minimum transition period of one year,  for employers with 50 or more but fewer than 250 employees two Years, for employers with fewer than 50 employees but more than ten employees five Years.

Judgments are triggers

The draft law is currently being coordinated within the federal government. Employers are already today Committed, to record the working hours of their workforce. This has been Federal Labor Court already announced in a much-noticed decision in mid-September 2022. The mere provision of a time recording system is not sufficient. This was preceded by a Judgement of the European Court of Justice, the recording of working hours required.

The ECJ's "time clock ruling" The working hours of employees must be regulated by a reliable system measured This is what the European Court of Justice (ECJ) says in its Judgment of 14 May 2019, Case C-55/18All EU Member States would have to commit, the daily working hours of their employees to systematically recordThis was the only way to verify whether the maximum permissible working hours were being exceeded. The court ruling became known in the media as the "ruling on the return of the time clock."
The Central Association of German Skilled Crafts (ZDH)  required by the German legislator Exceptions for small businesses and stresses that the ECJ has expressly ruled that smaller companies or certain industries authorized The ECJ ruling states that national laws may "take into account the specific characteristics of the respective sector of activity or the characteristics, even the size, of certain undertakings."

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