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Goodbye trust-based working hours and remote work?

On September 13, 2022, the BAG ("Bundesarbeitsgericht") in Germany decided on the obligation to record working time and declared it as "inescapable". Recently and still extensively discussed within the current government, the economy as well as in the labor law, Inken Gallner, president of the highest German labor court, explained the obligation to systematically record all working times of German employees. According to her, this involves the interpretation of the German Occupational Health and Safety Act in accordance with the so-called "time-clock-ruling" of the European Court of Justice.


But what does this mean for employers and employees? 🕐


Experts expect the BAG judgment (1ABR 22/21) to have far-reaching effects on the trust-based working time models that have been practiced thousands of times in business and administration up to now, including mobile work and home office. By now, according to the German Working Hours Act, only overtime and Sunday work previously had to be documented. Now much more control is required by law.


Due to the latest decision, questions about adequate implementation starts! 🔜


Employers with trust-based working time models, would now like to find a suitable way to deal with the increased control effort by introducing targeted time recording systems as well as a good communication arrangement with the employees.


For several months now, we at Edl-Consulting have been offering our customers advice in this regard and, together and in many cases, we are ensuring that time recording is legally compliant and can be implemented in a lean manner. In doing so, we are already starting to provide support in the rethinking phase that is now imminent: time recording is not the devil and offers not only disadvantages for companies, but also some opportunities for companies and organizations.


Reach out to us now - we look forwards guiding you through the jungle of tools, rules and trust-based company culture!


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Sources:

https://www.bundesarbeitsgericht.de/presse/einfuehrung-elektronischer-zeiterfassung-initiativrecht-des-betriebsrats/

https://www.spiegel.de/karriere/bundesarbeitsgericht-arbeitszeiterfassung-wird-in-deutschland-zur-pflicht-a-e8299b5c-3285-4270-b7cc-78bf50a875fe