The German Federal Ministry of Labor and Social Affairs had announced a draft bill for the first quarter to implement the requirements of the European Court of Justice and the German Federal Labor Court on the recording of working hours. With some delay, at least the current draft bill has now become known. We summarize what you can expect.
Already in May 2019, the European Court of Justice had required companies to fully record the daily working time of their employees. The European requirements were to be understood as requiring all companies to record the start, end and duration of daily working time in an objective, reliable and accessible system. It was disputed whether this obligation already applied directly to employers or required implementation in the Working Time Act (ArbZG).
The subject of the draft bill is an amendment to the Working Time Act and corresponding provisions of the Youth Employment Protection Act. The following changes have been announced:
Companies should take a close look at the planned changes to the recording of working hours, as the law is due to come into force at the start of the quarter after it is promulgated. This could therefore happen as early as 1st July 2023. Transition periods are only planned for manual time recording. The start, end and duration of daily working time must be recorded immediately when the law comes into force. Anyone who has already organized a working time recording system will have to check whether this is within the scope of the planned legal requirements. Thus, there is a need for all companies to take action in short term.
Authored by Dr Lars Mohnke.
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