Obligation to record working time

In September 2022 the Federal Labour Court ruled that there is an obligation to generally record working time in Germany. The reason behind the ruling was that the interpretation of the German Working Hours Act (ArbZG) does not comply with the ruling of the European Court of Justice from May 2019, which stated that the recording of working hours is mandatory. The BAG states that this obligation is effective immediately on the basis of the ECJ ruling. So, what to do next?

Duty to keep records of working hours 2022

Working culture has changed substantially, through flexible hours and hybrid working, and naturally laws have to be updated to our changing realities. The BAG’s decision from September 13 however, is from another order. Experts are calling it a „seismic shift“ and state that consequences will be far-reaching.

According to the BAG, the current Occupational Health and Safety Act prescribes an employer is obliged to introduce a system for the recording of working hours. This was based on the ECJ ruling, which states that employers must offer their employees "an objective, reliable and accessible system" to measure their working time, including hybrid working and in the home office.

Consequences

Though the practical implementations are not yet fully clear, it is truly no longer a question of WHETHER working hours must be recorded, but HOW. The consequences of the 2022 BAG’s decision touch a lot of (legal) aspects; time registration, the obligation to keep records, data security, or the possible costs of implementing a new system. However, thanks to TimeMoto’s range of convenient solutions that support time and attendance management, digital time registration can be implemented quickly and much easier than people might think.

TimeMoto makes clocking in and out easy, creates insights into overtime management, and offers tools for in-depth reporting. With a flexible system of Time Clocks, software (Cloud or PC Software as a stand-alone solution), and the mobile app, TimeMoto offers exactly what the ECJ calls for: „an objective, reliable and accessible system“.

Solutions for digital time recording

Our intuitive Time Clocks are designed with convenience in mind, so your team can clock in and out within seconds. Fusing smart technology with a smooth interface, TimeMoto Time Clocks work with various identification methods. This includes methods such as face recognition, fingerprint, RFID badges, MIFARE, DESFire and PIN codes. The technology is absolutely secure and compliant with European privacy regulations, thus providing convenience for your team and security for your business.

Seamlessly integrated with our Time Clocks are the TimeMoto Cloud Plans. These Plans offer an array of features for time and attendance management, planning and above all, reporting. That includes real-time insights on who’s working and how long, detailed overviews and reports on absences, as well as holiday requests and overtime hours. TimeMoto Cloud Plans are compatible with all our Time Clocks and with our free mobile app, built to clock in and out wherever you want.

TimeMoto’s platform has built-in security through fully encrypted data, ensuring compliance with DSGVO rules and German labour laws, including the obligation to record working time. And since our Cloud Plans are fully accessible online, you don’t have to install any software or purchase servers: creating a convenient and low-cost solution to keep your workforce management under control and prevent legal issues.

Preparation is everything

Following the 2022 time clock ruling, companies are being advised to start thinking about extended working time recording, especially organisations where such systems are not yet in place. Even if the federal government still has to work out the legal basis; now is the perfect moment to prepare. Read about the possibilities, and assess which solutions would work best for your business, whether it’s for office working, hybrid working or on the go.

To help you prepare, you can now start a free 30-day trial of our TimeMoto Cloud Plus Plan. That way you can get acquainted with the features of TimeMoto’s Cloud Plus Plan, and find out how well these fit your business needs. You can even practice clocking in and out on your phone using the free TimeMoto mobile app.

Allow yourself a flexible combination of clocking, scheduling, and handling timesheets and project reports, with the help of smart Time Clocks and cloud-based, insightful software. Because with its reporting features, TimeMoto’s system is the perfect solution to fulfil these upcoming laws and regulations.