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January 2024
A current draft law from the Federal Ministry of Labour stipulates that companies will be obliged to record all hours worked electronically in future. Here are the key points of the planned regulation:
1. obligation to record working hours electronically: companies must ensure that employees' daily working hours are recorded electronically. The start, end and duration of daily working hours must be recorded.
2. exemptions for small companies: Companies with fewer than ten employees are exempt from this obligation. Collective bargaining partners can also agree exceptions.
3. delegation of recording: Employers can delegate the recording to the employees themselves or to third parties.
4. waiver of monitoring when recording: Employers can waive the monitoring of contractually agreed working hours if violations of statutory provisions are reported.
5. right to information for employees: Employees have the right to request information about their recorded working hours. The employer must provide a copy of the recording if necessary.
6. options for deviation under collective agreements: Collective agreements may allow deviations from the electronic form, the time of recording and for certain groups of employees.
7. transitional provisions for larger companies: The minimum transition period is one year for employers with 250 or more employees, two years for employers with 50 or more but fewer than 250 employees, and five years for employers with fewer than 50 employees but more than ten employees.
This information comes from handwerksblatt.de.
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