The European Court of Justice (ECJ) ruled back in 2019 that employers in EU member states must introduce a system to fully record the daily working hours of their employees. The aim of this measure is to ensure compliance with working time laws, such as the maximum permitted weekly working hours or prescribed rest periods. Germany is obliged to transpose this judgement into national law.
From judgement to draft law
At the beginning of 2022, the German legislator presented a draft law on recording working hours. Sectors with a high rate of undeclared labour, such as the construction industry, are particularly affected. This regulation is intended to prevent unfair working conditions and ensure greater transparency.
In September 2022, the Federal Labour Court ruled that recording working hours will be mandatory for all companies. The regulation was originally due to come into force in April 2023, but the law has not yet been passed. Nevertheless, employers are already obliged to comply with certain requirements. An initial draft bill is currently available.
What does this mean for employers?
The new regulation obliges employers to introduce an objective, reliable and accessible time recording system. This means that working hours may no longer be documented informally or only in exceptional cases. Instead, companies must keep clear records that can be used as evidence in the event of a dispute.
Some companies are already using digital time recording systems, while other sectors, particularly small businesses, are facing new challenges. Critics fear that the regulation will mean too much bureaucracy for small companies, while supporters argue that it will better protect employees from exploitation.
More efficient processes and less bureaucracy
Digital time recording is not only a legal obligation for companies, but also an opportunity to optimise work processes. With a system such as ZEUS® Time Recording, the administrative burden can be reduced, costs cut and working hours accurately recorded. When the new regulation comes into force, the start, end and duration of working hours must be documented electronically – on a daily basis and without subsequent corrections. Working hours can be recorded in a variety of ways, for example using an app or software. Longer transition periods for the changeover are planned for smaller companies.
However, it is important to note that there are already strict working time regulations. For example, breaks are required by law and the maximum working hours are clearly limited. Digital systems such as ZEUS® from ISGUS help companies to implement these regulations efficiently. They automate processes, avoid errors and enable transparent working time recording. Companies that rely on digital solutions at an early stage benefit in the long term – regardless of legal requirements.
Digitalisation as a solution for the future
ZEUS® Time and Attendance scores with its scalable range of functions and modular expandability. Companies can tailor the system precisely to their needs, expand it flexibly and adapt it to changing growth strategies or new requirements. The system supports various working time models and takes into account both collectively agreed and statutory regulations, including the ECJ judgement on working time recording, the Minimum Wage Act and the Temporary Employment Act (AÜG). It can be easily integrated into existing company or service agreements.
Digital and mobile time recording from ISGUS is more than just a time recording solution - it is a comprehensive system that modernises working time management, automates processes and supports companies in meeting legal requirements efficiently. With its flexible and scalable features, it is the ideal solution for organisations of all sizes looking to drive their digital transformation.
Working time recording – a necessary evil or a game changer?
Even if many employers shy away from the changeover, electronic time recording offers clear advantages: more transparency, fewer disputes about overtime and a better work-life balance for employees. Now it's just a matter of waiting for the final law!