What Heil has in mind when recording time – and what is problematic about it

Working time measurement

Currently, employers only have to record overtime. In the future, they will be obliged to “electronically record the beginning, end and duration of the daily working hours of the employees on the day of the work”.

(Photo: dpa)

Berlin Following rulings by the European Court of Justice (ECJ) and the Federal Labor Court, Federal Labor Minister Hubertus Heil (SPD) has now presented a draft law on the recording of working hours. This still has to go through the cabinet and through parliament, the FDP has already announced a need for change. The answers to important questions.

What is changing compared to the current Working Hours Act?

Currently, employers only have to record overtime. In the future, they will be obliged to “electronically record the beginning, end and duration of the daily working hours of the employees on the day of the work”.

In the opinion of the Bonn labor law professor Gregor Thüsing, Heil goes beyond the requirements of the ECJ, which does not prescribe timely and mandatory electronic recording. The Minister of Labor is based on the law to secure employee rights in the meat industry, where the obligation to record working hours electronically has applied since 2021.

Accordingly, Excel lists should be sufficient for recording, and the use and evaluation of electronic shift schedules is also possible.

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