Many employers and employees have heard about the ruling of the Federal Labor Court on the recording of working hours and are currently asking themselves what this means for them in practice. The ruling of the BAG came as a surprise to many. The new legal situation regarding the documentation of the working time worked by the employee is explained in this article by Tono Wevers, attorney for German labor law. In addition, the most frequently asked questions from employees and employers are to be answered.
The ruling of the Federal Labor Court (BAG) on the recording of working hours
In a landmark ruling in mid-September 2022, the Federal Labor Court (Bundesarbeitsgericht – BAG) established a general obligation for employers to record employees' working hours. The BAG in Erfurt came to this conclusion through the interpretation of the German Occupational Health and Safety Act in conformity with EU law, this had already been prescribed by the European Court of Justice (ECJ) in 2019 in the so-called "time clock judgment".