Employment- and Social Security Law

Draft bill of the Federal Ministry of Labour and Social Affairs on the recording of working time

Following the decision of 13.09.2022 of the Federal Labor Court (Bundesar­beits­­ge­richt - BAG), the Federal Ministry of Labor and Social Affairs published on 18.04.2023 the first draft bill on the “Amendment of the Working Hours Act and other regulations (“Ministerial Draft”). This Ministerial Draft is intended to implement the requirements of the European Court of Justice (ECJ) and the BAG on the recording of working time.

More than ever before, it is now time for companies to introduce regulations on the recording of working time in compliance with co-determination and data protection requirements. This is in particular important, as employers with regulated working time models are more attractive to new employees and increase employee satisfaction. Especially in the "war for talents", employers can gain an advantage and should act as soon as possible.

From Dr. Nicole Elert and Manuel Klingenberg