Time Recording to Become Mandatory in 2020
The ECJ has ruled: Recording working hours is to become mandatory for all employees.
The most important questions & answers on the ECJ ruling
On 14 May 2019, the European Court of Justice ruled that in future all employees in Europe must record their working hours. To do this, employers must introduce a reliable time recording system. We answer the most important questions for you.
How must working hours be recorded in future?
Total working time must be fully documented. According to the ECJ ruling, any reliable system is permitted.
Flexible break times – are these still possible?
After no more than 6 hours, it is mandatory to take a half-hour break. Whether you split your break into 15 minutes each or take a full hour is left to the individual employee.
In projectfacts’ time recording system, you can check in and out again completely flexibly.
To what extent does it change working hours in the home office?
Not at all. Employees can conveniently check in and out from home. Even if you split your work it is not a problem – simply clock out and then clock back in again later.
Does overtime have to be paid?
No, the fact that overtime must be recorded does not automatically mean that the employer is obligated to pay for it. Additional hours can continue to be classified as voluntary by the employer.
As an employer, do I also have to record my hours?
Yes, employers are also obligated to do so.
Can hours also be recorded externally?
With projectfacts, you can record your hours from anywhere – externally and in the home office. You can then look up in projectfacts exactly when you worked externally. You can also set in advance that you will be working externally or in the home office on the coming days.
What happens if I still don’t record my employees’ hours?
That is not entirely clear yet. There will certainly be warnings and heavy fines for employers. So far, employers have faced fines of up to €500,000 for unrecorded overtime.
From when do I have to introduce a system?
When legislation for this will come is still unclear, so no immediate action is required. However, it is advantageous to start researching and implementing systems in advance.
What is the current legal situation in Germany?
To date, employers are only obligated to record overtime and work on Sundays and public holidays. General working hours do not have to be recorded.
There are exceptions for employers who employ marginal part-time workers (Minijobber). According to the Minimum Wage Act, hours must be recorded in detail. Businesses operating in an industry subject to immediate notification requirements, e.g. the construction industry, must also already record their employees’ hours.