Trust is good, control is better! In its latest ruling, the Federal Labor Court has made it mandatory to record working hours. Employers must now ensure that employees document their working hours correctly. What initially sounds like a negative step for employees is ultimately intended to protect them and avoid overtime. The problem: Companies need a reliable time recording tool from now on. But what impact does the ruling have on hybrid working?
Key facts
- In mid-September, the Federal Labor Court implemented a long-standing decision of the European Court of Justice.
- The obligation to record working hours is now also being introduced in Germany.
- The obligation must now be taken up by the legislature and put into a legal text.
- Employers and employees are then equally obliged to document working hours. It remains to be seen when the new obligation will be introduced and to what extent employers and employees will have to document their times.
The Labor Court's ruling in detail
On September 13 2023, the highest German labor courts overturned the law that had previously been in force in their decision. This decision was made quite by chance. The court was actually supposed to deal with whether works councils could insist that a working time recording system could be introduced. Now the entire law in force has been overturned. Employees now have to document their time in the office. Up until now, the only rule that applied was that only overtime and Sunday work had to be recorded. Whether and to what extent a real obligation will come into force remains vague. Now it is the government's turn to comply with the court's will and pass a suitable law.
What are the consequences?
The labor court's decision could have far-reaching consequences for both employees and employers. Almost 45 million employees would be directly affected by the recording of working hours. In many companies or authorities, employees work on trust-based working hours, which allows flexible scheduling of working hours. Independence and thus trust would be undermined and lost by a legal obligation. On the other hand, companies and state institutions would have to quickly introduce a system for recording working hours. Although suitable software solutions have been available for years, many employers still work without such tools. This also raises the question of overtime. In Germany alone, the Federal Statistical Office records around 4.5 million hours of overtime every year, most of which remain unpaid or are converted into vacation. This strengthens the rights of employees, but poses a huge financial question for companies.
When and how should working hours be recorded?
The ruling has not yet clarified this either. It is not clear whether working hours must be documented in writing, digitally or in another form. It is also not yet clear when a new law could come into force. It is now up to politicians to come up with a suitable law and set a start date for the obligation.
Obligation to record working hours in home offices and hybrid work
If a time recording requirement is introduced, this would also apply to new working models such as hybrid working or home office. In theory, it would make no difference where employees are located. The concern that the labor court's ruling will limit the possibilities for flexible working does not seem to be confirmed at this point in time.
You don’t have a hybrid working model in your company yet?
The new regulation will therefore have no impact on hybrid working for the time being! It remains to be seen to what extent time recording will actually come. What is certain, however, is that a solution for recording working hours will be introduced for all working models in the future. If you want to introduce hybrid working quickly and easily, then Seatti is exactly the right solution for you. Seatti can be quickly and easily integrated into your existing system landscape such as Microsoft Teams.
With our workplace booking function, workplaces in the office can be booked quickly and easily for all employees. And with the location overview, you can indicate at any time whether employees are currently working from home or in the office. This gives your employees a flexible working model and promotes exchange within your team.
