Time tracking obligations
Employers are legally required to record their employees' working hours. This protects employee rights. It also ensures compliance with the Working Hours Act (Arbeitszeitgesetz, ArbZG). The key points are:
- Records: All working hours, including the start, end and duration of work, must be recorded in full to make sure legal requirements are met.
- Access: Employees must be able to access the recorded times so they can check their working hours.
- Transparency: Employers must give their employees clear information about time tracking and the rights and obligations that come with it.
Breaks
Breaks are an essential part of the working day. They help employees stay productive and support their health. Under the ArbZG, the following rules apply:
- 30-minute break: For working hours of more than six hours, a break of at least 30 minutes is mandatory.
- 45-minute break: For working hours of more than nine hours, breaks must total at least 45 minutes.
Breaks may not be taken at the end or the start of working hours to shorten the working day.
Rest periods
Besides recording working hours and respecting breaks, rest periods are also very important. Rest periods are the times when employees may not work, so they can rest and recover. The law provides for the following:
- Minimum rest period: After a working day, a rest period of at least 11 hours must be observed. However, § 5 ArbZG allows exceptions for hospitals and other facilities that treat, nurse or care for people.
- Weekly rest: Weekly working hours must also be arranged so that a recovery period of at least 24 hours per week is guaranteed.
These rest periods are crucial for protecting employees' health and performance in the long term.
Change to the duty to track time electronically
The duty to track working hours electronically already exists under the ruling of the Federal Labour Court (BAG) of 13 September 2022.
Based on the draft bill (Referentenentwurf) of the Federal Ministry of Labour and Social Affairs from April 2023, the following deadlines for switching to electronic time tracking were then set:
- 1 year: for companies with more than 250 employees.
- 2 years: for companies with fewer than 250 employees.
- 5 years: for companies with fewer than 50 employees.
- Companies with up to 10 employees may continue to use paper records.
Electronic time tracking must record the start, end and duration of working hours on the same day. As a rule, these records must be kept for two years. They must be available in Germany and in German.
The federal government also plans to write the duty to track working hours into the Working Hours Act. However, the corresponding amendment is still pending.
The aim of time tracking is to record the hours employees work and to ensure compliance with statutory working hours.
Conclusion
Proper time tracking is essential for employers to comply with the law and create a healthy working environment. By respecting breaks and rest periods, companies can raise employee satisfaction. They can also boost productivity in the long term. Transparent and fair working time management is the key to a successful and harmonious employment relationship.
With these basics in mind, you can set up time tracking in your company in the best possible way while looking after your employees' wellbeing.
If you have questions about time tracking or other payroll accounting topics, we are happy to help. Get in touch and benefit from our expertise in digital payroll!
