In a ruling from 2019, the European Court of Justice already obliged member states to require employers to use an objective, reliable and accessible system for recording working time in order to implement the Working Time Directive. While employers in Germany waited for implementation by the German legislator, realisation initially remained largely absent.
In view of the political inactivity, the Federal Labour Court has put its foot down and, in its ruling of 13 September 2022, has now preempted the legislator from implementation. According to this ruling, every employer is obliged to introduce an electronic system with immediate effect, with which the daily working time worked by employees can be measured, recorded and recorded. This applies regardless of the size of the company, the type of employment relationship or any foreign reference. This means that there is an objective legal obligation for every employer to record and document working hours if its employees work in Germany.
If an employer does not comply with these obligations or does not comply with them sufficiently, fines of up to 30,000.00 EUR or even criminal proceedings may be imposed.
In the individual design of the recording, the particularities of the respective areas of activity of the employees and the peculiarities of the company must be taken into account above all. Last but not least, a data protection-compliant and ideally DATEV-compatible implementation is indispensable.
If you have not yet adequately fulfilled these obligations or if you have any questions regarding a digital implementation that is suitable for your individual needs, our DATEV expert Ms Monique Motloszynski-Münch will be happy to advise you at +49 (0) 3585 / 417 30-23 or at Monique.Motloszynski-Muench@riediger-legal.com.
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