How does the obligation to record working hours work against working time fraud?
In many industries, the topic of time recording has long played a major role. Timesheets are the order of the day, especially in jobs where employees are paid based on wages rather than salaries.The problem: In the past, working hours were usually recorded with pen and paper. The start and end of work are entered manually in a list and only a signature at the end of the line is used to ensure that the times correspond to the truth.
The consequences can be complex:
1. Error susceptibility
Transferring hours to an external system for forwarding to accounting is very prone to errors. An accidental mix-up of numbers can cost both employees and employers a lot of money.
2. Rounded times
In many cases, the timesheet is only entered at the Cell Phone Number Database end of the work session. At this point, the exact start of the work session can often only be estimated. For example, 10:04 becomes 10:10 or 10:00 after six hours of work. This cannot be checked afterwards.
3. Insecure data
The times written down on a piece of paper do not represent security. An early or late entry due to a postponed work assignment can lead to confusion and changes to the times afterwards. If these changes are made without agreement, this can lead to major problems.
4. Annoying paperwork
Notes are not always filed in folders and put in transparent plastic. Whether it's a spilled coffee or an accidental misplacement of the notes - a piece of paper only exists once and if it is destroyed or lost, the data is gone.
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The obligation to record working hours changes the
The above points were an important basis for a ruling by the European Court of Justice in 2019. In this case, a Spanish trade union filed a lawsuit against the local branch of Deutsche Bank. The ECJ ruled in favor of the trade union.
The ruling, which is now known as the ECJ ruling, has major consequences for all European member states. With this ruling, the ECJ obliged all European member states to pass a law on working time recording. This law should state that employers must document all working hours of their employees.
Since September 2022, this topic has also been intensively addressed in Germany. The Federal Labor Court last ruled in September based on the 2019 ruling and announced that every employer is able to introduce a time recording system in their company.
But how does this help companies in Germany? Well, the ECJ ruling already tells member states quite precisely what a law should look like. Characteristics such as objectivity, reliability and accessibility must be included in the law.
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