Duty to Record Working Hours: Ruling of the German Federal Labour Court

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Duty to Record working hours

We would like to inform you about the new obligation for employers to record their employee’s working time due to the judgement of the German Federal Labour Court (Bundesarbeitsgericht-
“BAG”) of September 13th 2022 Following a ruling of the European Court of Justice (“ECJ”) from May the 14th 2019 , employers are now also under German law obliged to register all working time of employees, not only overtime hours and work on Sun- and holidays. This can be done, for example, using a suitable program or a time clock. It does not matter whether the employee is doing telework or in the office, the time must be documented, also for mobile work.

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