The German Federal Labor Court has published a written opinion clarifying its reasons for finding employers have a comprehensive legal obligation to record working time. An appropriate system for recording working time must not only be set up, but also properly applied, and must comprehensively record the beginning and end of working hours, break times and overtime. Employers can delegate the duty to record working time to employees, and time recording can be done electronically or manually. Senior executives do not have to record working time.

After almost three months, Germany’s Federal Labor Court (Bundesarbeitsgericht, or BAG) has published the reasons for its decision that employers must record working hours in Germany. The guidelines for recording working time are clarified, and employers can be somewhat better prepared for what needs to be done. Employers are left with detailed questions, however. There is still no outlook on statutory changes from the legislature. The following is an overview.

What happened so far: Federal Labor Court affirms duty to record working time

The publication of the press release on the Federal Labor Court's decision of September 13, 2022 (Case No. 1 ABR 22/21) sent companies in Germany into a tizzy about three months ago. What they had already been waiting for after the European Court of Justice’s (ECJ) ruling in the CCOO case (14.vMay 2019 - C-55/18) became reality and the Federal Labor Court ruled on the question of whether...

Read Full Story: https://news.google.com/__i/rss/rd/articles/CBMidmh0dHBzOi8vd3d3LmxpdHRsZXIuY...