Time recording does not put home office at risk
Coming new rules for work hours and their recording in Germany? In reality, work hours are often already recorded in many companies - flexible models should not limit this.
The obligation to record working hours in Germany does not prevent employees and employers from flexible employment, according to the President of the Federal Labor Court (BAG), Inken Gallner, in Erfurt. "In companies, employers and employees have found customized solutions to record working hours and possible overtime," Gallner said. She referred to statements from the Federal Institute for Occupational Safety and Health.
Although there is still no adjustment of the Labor Code by the Federal Government and the Bundestag, Gallner also pointed out that about 80 percent of employees and employees said their working hours were recorded by the employer or documented by themselves. She referred to statements from the Federal Institute for Occupational Safety and Health.
Flexible models such as mobile work, home office, or core working hours are not restricted by the decision of the Federal Labor Court two years ago, Gallner said. "Trust-based working time models are not in danger, quite the contrary," Gallner added, responding to concerns from some employer and industry associations. For this reason, statutory regulations would apply like an eleven-hour rest period per day or a weekly maximum working time of 48 hours.
How can it be legally determined
The First Senate of the Federal Labor Court, which Gallner heads, proposed in September 2022 and declared in a landmark ruling that there is a duty to record working hours in Germany. This applies - regardless of a then already discussed amendment to the Federal Labor Code. With that, the "What" was decided, so Gallner.
The "How" can be legally determined or through agreements between employers and employees. "We have found that works councils have initiation rights for this," the Federal Labor Court stated, referring to a previous decision of the European Court of Justice on Germany.
Currently, in the traffic light coalition, there are discussions about possible more flexible regulations for working hours in the context of efforts to stimulate the economy or an "economic turnaround."
In the context of these discussions, it's crucial to consider the impact on working hours in home offices. Despite the obligation to record working hours, flexible models like home office can still flourish, as proven by the customized solutions implemented in various companies.
The economy might benefit from more flexible working hours, as seen in some countries where trust-based models and shorter workweeks have boosted productivity and employee satisfaction.
