A decision was recently announced by the Federal Labour Court (BAG) of Germany, which said that businesses are required to keep a record of the working hours taken by their employees. This has generated a great deal of interest and conversation. In order to assist you in adhering to the new regulations, this article provides you with an overview of the most significant modifications that have been made to the new law as well as guidance on how to update your time-tracking systems. Individuals who are in charge of managing teams that operate from different locations may find this article helpful for those managing remote teams globally.
Finding information about the current requirements
Businesses are now obligated to keep track of all working hours, not only overtime, as a result of changes that have been made to the German Working Time Act (ArbZG). In the past, this obligation was only applicable to overtime. All of the following are included here:
- Every day, workers are required to keep a record of the number of hours they put in for each day that they are employed.
- Not arriving late to work: It is recommended that this be completed by the end of the workday, but it should not be completed more than seven days after the event that occurred.
- Preserve detailed notes by additionally ensuring the records include the start and conclusion times, as well as the breaks and rest intervals. One can only put in a maximum of ten hours of work in a single day.
The following are the responsibilities of the employer: It is possible that employees will be responsible for keeping track of their own time, but ultimately, it is the responsibility of the employer to ensure that the system is properly set up and functioning well.
Companies that have a works council are required to discuss the utilization of time-tracking systems with their employees.
Consequences for Disobeying the Rules and Regulations
It is possible that the fines in the European Union might reach as high as 30,000 Euros in the event that the new time-tracking standards are violated. Additionally, it is essential to keep in mind that time records are considered confidential information. With this in mind, it follows that businesses that collect and maintain this information are obligated to adhere to regulations that safeguard private information.
Constantly Keeping Tabs on the Hours
Employers ought to have a standardized method for keeping track of the hours worked by their employees, which should be something that every member of the firm is aware of and comprehends. Techniques that do not include electronic recording remain legally acceptable, despite the fact that the proposed amendment recommends employing electronic recording. Standard tools and applications, in addition to spreadsheet programs such as Excel, are included in the category of electronic recording applications.
It is the responsibility of the employer to provide a copy of the employee’s recorded working hours to the employee who has requested it.
In addition to the Benefits and Work Schedules
With the exception of trust-based or remote work agreements, the new law does not significantly alter workplace arrangements that allow for flexible work hours. A system that can monitor time from a distance is in accordance with the regulations that have been established by the government.
Work Schedules and Additional Time Off
According to the German Working Time Act, the maximum length of a workday is eight hours; however, in certain circumstances, this limit can be temporarily increased to ten hours per day or sixty hours per week. Additionally, it is essential to schedule regular pauses. In contrast, unless there are special agreements, both employers and employees are expected to adhere to the hours of work that are outlined in the contract. This is the case even if there are no specific agreements.
The end result
Employers and employees alike may ensure compliance with the new time-tracking law and facilitate a seamless transition by becoming familiar with the laws and implementing an efficient time-tracking system. This is true even though the new law may initially appear to be burdensome. In order to successfully negotiate the numerous constraints that are associated with hiring, businesses that are looking to efficiently manage teams on a worldwide scale may want to consider using an Employer of Record software.
Also Read: Dry Promotion: the Changing Landscape of Employee Recognition
