Even though we were still stuck with the draft bill in February 2024, one thing is certain: the law on working time recording is coming! 🚀 The European Court of Justice (ECJ) ruled back in 2019 that all EU countries must establish a legal basis for time tracking. In Germany, the Federal Ministry of Labor and Social Affairs has proposed a draft amendment to the Working Hours Act. But what does this mean in practice? 🤔

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📜 What exactly does the draft say?

The draft contains a key regulation:

"The employer is obliged to electronically record the start, end, and duration of the employees’ daily working time on the day the work is performed."

Four central points are contained in this sentence:

1. "The employer is obliged"
   Responsibility lies with the employer. They must ensure that a suitable solution for recording working hours is in place. 💼

2. "Start, end, and duration of the employees’ daily working time"
   It’s not enough to just record total hours worked. It must be precisely documented when work starts and when it ends. ⏱️

3. "On the day the work is performed"
   Time tracking must be done daily. Retrospective recording at the end of the week is only allowed in exceptional cases (e.g., collective agreements). 📅

4. "Electronically recorded"
   Written paper records are no longer permitted. Companies are free to choose whether they use punch clocks, software, or apps for recording. Especially with remote work and home office, digital solutions are required. 💻📱

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❓ Are there exceptions?

Yes, the draft includes some exceptions:

• Businesses with fewer than 10 employees are exempt from the obligation. 🏠

• Companies based abroad without a permanent establishment in Germany that send fewer than 10 employees to Germany also do not have to implement time tracking. 🌍

• Collective agreements, works agreements, or service agreements can regulate additional exceptions. 📑

• Employees whose working hours cannot be measured or predetermined due to the special nature of their work may be exempt. However, this exception applies to only a few occupational groups. 🎭

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📌 Additional regulations on time tracking

• Time tracking must be reliable, objective, and easily accessible. ✅

• Germany is expected to go beyond EU requirements by mandating electronic time tracking for companies. 🇩🇪

• After the law comes into effect, companies have until the start of the next quarter to implement it. ⏳

• A one-year transition period allows paper-based recording before electronic systems become mandatory. 📄➡️💻

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🎯 Conclusion

The new time tracking law presents companies with new challenges — but also opportunities. Transparency and efficiency in working time recording can be improved with the right digital tools like TimeSpin. Especially companies with remote employees should now look for suitable solutions. 🔍

Book your appointment here.

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