FAQ

In Germany, there are specific legal requirements for recording working time. The obligation to record working time in Germany depends on various factors, including the employment contract, the industry and individual working conditions. Here are some groups that are generally obliged to record their working time in Germany:

1. Employees: in Germany, employees generally have an obligation to record their working hours to ensure that they comply with the agreed working hours and that overtime is recorded correctly.

2. Employers: Employers in Germany are obliged to document the working hours of their employees to ensure that the statutory working time regulations are complied with. This also serves payroll accounting and compliance with labour law provisions.

3. Collective agreements and company agreements: In some industries and companies, collective agreements or company agreements may stipulate specific requirements for the recording of working time.

4. Working Hours Act (ArbZG): The Working Hours Act in Germany regulates working hours and contains provisions on the recording of working hours. According to the ArbZG, employers must keep records of their employees' working hours.

5. Minimum wage regulations: Documentation of working hours is also important to ensure that minimum wage regulations are complied with.

6. On-call duty and on-call duty: Special regulations apply to employees on on-call duty and on-call duty, which also require accurate time recording.

It is important to note that the exact requirements for recording working time in Germany may vary depending on the industry and the employment contract. Employees and employers should therefore familiarise themselves with the relevant laws, collective agreements and company agreements to ensure that they comply with the applicable regulations. Violations of these regulations can have legal consequences.

In Germany, employers are required under the Working Time Act (ArbZG) to record certain data related to the working time of their employees. The required data varies depending on the individual working conditions and the type of job, but can generally include the following:

1. Name of the employee: The full name of the employee must be recorded in order to allocate the data to the respective person.

2. Start and end of daily working time: Employers must record the exact times at which a working day begins and ends.

3. Breaks and rest periods: Work breaks and rest breaks, as well as their duration, must be documented. This includes lunch breaks and other breaks during the working day.

4. Overtime: If a worker works overtime, it must be recorded, including the duration and the time it was worked.

5. On-call and on-call duty: If employees work on-call or on-call, the working hours and duration during these services must be recorded.

6. Work breaks: Especially in the case of shift work or in certain industries where working time accounts are kept, employers must accurately document breaks and rest periods.

7. Leave and compensatory time off: The granting and use of leave and compensatory time off should also be documented.

It is important to note that data protection regulations and the right to informational self-determination apply in Germany. Therefore, employers should ensure that the data collected is adequately protected and not shared without the employee's consent.

Yes, trust-based working time (also called flexitime) is possible in Germany despite the obligation to record working time. Although the Working Time Act (ArbZG) sets out certain requirements for the recording of working time, it also allows flexibility in the organisation of working time.

Trust-based working time means that employees can organise their working time flexibly within certain framework conditions without having to record their exact working time to the minute. As a rule, the following conditions must be met:

1. Documentation of core working time: Employers can set a core working time during which employees are required to be present. This core working time should be recorded.

2. Framework working time: Within a certain framework, employees can organise their working time flexibly, e.g. by starting and ending earlier or later. This framework working time does not usually need to be recorded to the minute.

3. Recording of overtime: If a worker works overtime, it must be recorded and compensated or remunerated accordingly.

4. Consent and trust: Trust-based working time is based on mutual trust between employer and employee. Workers should have the freedom to organise their working time on their own responsibility as long as the agreed working time and legal regulations are respected.

It is important to note that the ArbZG still contains requirements for compliance with maximum working hours, rest periods and breaks, regardless of whether trust-based working time has been agreed. It is therefore important that employers and employees observe the legal provisions and ensure that they work within these limits.

In many sectors and companies, trust-based working time can be a sensible form of working time arrangement that promotes employees' work-life balance and increases flexibility. However, employers should ensure that clear agreements are made and adhered to in order to avoid potential legal problems.

Yes, breaks during work in Germany are mandatory and regulated by the Working Hours Act (ArbZG). The ArbZG prescribes certain break regulations to protect the health and safety of workers. The most important regulations regarding breaks are:

1. Minimum breaks: Workers are entitled to breaks that ensure that working time is divided into reasonable segments to prevent fatigue. In principle, a break of at least 30 minutes should be taken after six hours of work. If the working time exceeds nine hours, workers are generally entitled to one or more breaks totalling 45 minutes.

2. Minimum rest period: Workers must have an uninterrupted rest period of at least eleven hours between two working days. This means that at least eleven hours must elapse between the end of one working day and the beginning of the next.

3. Breaks during night work: Regular breaks are mandatory during night work (in the period between 23:00 and 6:00). During this time, a worker should have at least 15 minutes break in his or her shift.

4. Youth employment protection: Stricter break regulations apply to young workers. Young people under 18 are entitled to breaks depending on their working hours and age.

It is important that employers ensure that their employees comply with these break regulations. Breaks are not only to comply with legal requirements, but also to protect workers' health and performance. Violations of the break regulations can have legal consequences for the employer and endanger workers' health.

The exact break regulations may vary depending on the industry and field of activity, so it is advisable to check the specific regulations and agreements on breaks in your work environment.

Overtime in Germany is usually dealt with according to the provisions of labour law and the individual agreements between the employee and the employer. Here are some of the common options for what can happen to overtime worked:

1. Compensation for overtime: Workers have the right to compensation for overtime worked. This means that hours worked in excess of the agreed working hours must be compensated either by time off (compensatory time off) or by additional pay. Compensation for overtime can be in the form of time off or money, depending on the agreement between the employee and the employer.

2. Compensatorytime off: Compensatory time off means that employees can compensate for the overtime worked with additional days off or hours. This can be done by agreement between the employee and the employer, unless there are compelling operational reasons not to do so.

3. Overtime pay: Employers may also be obliged to pay overtime with a supplement to the regular hourly wage. This is stipulated in collective agreements or employment contracts and may vary.

4. Limitation of overtime: The Working Hours Act in Germany requires that the number of overtime hours is limited in order to protect the health and safety of workers. Employers are obliged to ensure that workers do not work excessive hours and do not exceed the permitted overtime.

5. Contractual arrangements: The exact regulation of overtime can vary from employment contract to employment contract and from industry to industry. Some employment contracts or collective agreements may contain specific provisions on overtime and its compensation.

Workers should carefully review their employment contracts and agreements with their employers to understand how overtime is handled in their specific case. Employers are usually required to properly document and manage overtime to ensure compliance with labour laws. Violations of these laws can have legal consequences for employers.

In Germany, the Federal Leave Act (BUrlG) regulates what happens to remaining leave. Residual leave refers to the days of leave not yet taken at the end of a calendar year or a carry-over period. Here are the common possibilities of what can happen to remaining leave:

1. Transfer of leave: The Federal Leave Act generally allows the carryover of remaining leave to the next calendar year. Employees have the right to carry over their statutory minimum leave (usually 20 days per year for a 5-day week) to the next year if they were unable to take all their leave in one year for business or personal reasons.

2. Forfeiture of leave days: The Federal Leave Act limits the carry-over of leave to the next year. As a rule, employees must have taken the remaining leave by 31 March of the following year, otherwise it is forfeited. This means that they lose the possibility of taking these days later or having them converted into money.

3. Monetary compensation: In some cases, such as termination of employment, remaining leave can be converted into money. This means that workers receive monetary compensation for their unused leave days.

4. Non-transferable additional leave: In some cases, such as in the case of collectively agreed or company additional leave that exceeds the statutory minimum, there may be rules governing the transfer or forfeiture of additional leave.

It is important to note that the specific rules on remaining leave may be set out in the employment contract, collective agreements or company agreements. Workers should therefore familiarise themselves with their employer and employment documents to understand how residual leave is handled and what deadlines apply to claiming it. Breaches of leave regulations can have legal consequences and employers should ensure that they comply with the law.

Yes, the recording of working hours is generally obligatory even for mini-jobs (marginal employment) in Germany. Even in marginal employment where the earnings limit of 450 euros per month is not exceeded, employers must record and document the working time of their mini-jobbers.

Recording working time in mini-jobs is important to ensure that the legal requirements for marginal employment are met, including the maximum monthly working time. The specific regulations on recording working time in mini-jobs can vary depending on the field of activity and the industry.

As a rule, the employer side is responsible for documenting the working time of mini-jobbers. The exact way of recording working time may vary depending on the company and the employment relationship. This can range from written documentation of working hours to the use of time recording systems.

Employers and employees should be aware that failure to comply with the legal requirements for marginal employment can have legal consequences, including fines and labour law sanctions. Therefore, it is important to handle the recording of working time in mini-jobs correctly and to ensure that the legal requirements are met. It is advisable to know and comply with the specific requirements for mini-jobs and marginal employment in Germany.