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Employee Time-tracking in Germany: How to Align Flexibility and Regulations


| David Koehler / July 5, 2024
Employee Time-tracking in Germany: How to Align Flexibility and Regulations
15:18

Flexible work frameworks like flexitime and trust-based working time are an increasingly popular working time model in today’s modern work environment. It allows employees to organize their working hours independently acknowledging their work-live balance, but at the same time requires compliance with the German legal framework - the Working Hours Act (ArbZG)

In this article, we will explore the concepts of trust-based working hours and flexitime, examining the legal considerations and how software solutions such as Odoo can facilitate their implementation.

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W4 Company get-together in Istanbul

At W4, we strongly advocate for flexibility in working hours and will share our experiences with this approach over the past few years. We will demonstrate how modern HR technologies can enhance workplace flexibility while ensuring compliance with legal requirements.

Discover Odoo's time-tracking features compliant with German law. Contact us to  learn more.

Comparing Working Time Models: Trust-Based Hours vs. Flexitime Under German Regulations

 

In Germany, trust-based working hours and flexitime are two prevalent flexible working time models, each offering distinct advantages and challenges within the regulatory framework.


Trust-Based Working Hours

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Autonomy and Flexibility: Employees can freely arrange their working hours, focusing on task completion rather than specific working times. This model promotes a high degree of personal responsibility and can lead to increased job and life satisfaction.


Regulatory Considerations: There is no statutory requirement for trust-based working time in German law, but it must still comply with the German Working Time Act (ArbZG), which mandates recording working hours exceeding eight hours per day. Employers can transfer the documentation responsibility to employees, ensuring compliance with legal obligations.


Advantages and Disadvantages: While employees enjoy excellent work-life balance and freedom, they must possess strong self-organization skills. Employers benefit from motivated and productive employees but must foster a culture of trust and accurately assess employee performance.


Flexitime

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Structure and Flexibility: Flexitime allows employees to choose their working hours within a predefined framework, typically requiring presence during core hours. This model balances flexibility with a degree of structure, making it popular among employees.

Regulatory Compliance: Like trust-based working hours, flexitime must adhere to the German Working Time Act, ensuring that daily working hours do not exceed legal limits and that proper records are maintained.


Advantages and Disadvantages: Flexitime offers flexibility in managing personal and professional commitments, enhancing work-life balance. However, the requirement to be present during core hours can limit complete autonomy compared to trust-based working hours.


Both models aim to improve employee satisfaction and productivity by providing flexible working conditions. However, they must navigate the regulatory landscape defined by the German Working Time Act, ensuring that flexibility does not compromise legal compliance and employee well-being.


The Importance and Evolution of Trust-Based Working Time Frameworks in Germany

In Germany, trust-based working hours have gained popularity in recent decades, particularly in industries requiring high flexibility, such as IT, consulting, and creative professions. The roots of this model can be traced back to the 1980s, when companies began rethinking rigid working hours in favor of more flexible solutions. The introduction of the Working Hours Act (Arbeitszeitgesetz, ArbZG) in 1994 provided a legal framework that enabled companies to implement flexible working hours in a legally secure manner. This act sets the maximum working hours and mandates recording overtime, creating conditions that support the adoption of flexible working time models, including trust-based working hours.

Trust-based working hours are becoming increasingly important in the modern working world as they not only offer flexibility but can also increase employee job satisfaction and productivity. A 2019 study by Deloitte shows that flexible working models, including trust-based working hours, are highly valued by employees as they enable a better work-life balance.

The attractiveness of trust-based working hours is also supported by their benefits for employers. Companies that use this model report higher employee motivation and stronger loyalty to the company. These positive aspects lead to trust-based working hours being perceived as a modern and employee-oriented working time model .

Indeed, the flexibility of trust-based working hours allows employees to organize their own working hours, which is particularly important in a globally connected and fast-moving business world. This not only supports individual performance, but also promotes a dynamic and adaptable working environment.

Legal requirements and necessities of time recording

 

In Germany, the legal requirements for time recording were significantly influenced by a May 2019 ruling from the European Court of Justice (ECJ). Since then, documenting working hours has been mandatory for all working models, including flexible arrangements like trust-based working hours and flexitime. This requirement helps protect employees from overwork and ensures compliance with legally mandated rest periods.

The German Working Hours Act (ArbZG) mandates that daily working time must not exceed ten hours and requires employers to document overtime and breaks. These regulations are designed to safeguard employee health and well-being, even in flexible work environments.

Following rulings by the ECJ and the Federal Labor Court (BAG), employers must implement systems that record the start, end, and duration of employees' workdays, including all overtime. This ensures adherence to the ArbZG's rules on maximum working hours and rest periods. Companies are encouraged to use digital tools like apps or specialized software for accurate and efficient time tracking. All recorded data must comply with legal standards and be retained for the required period, with non-compliance potentially resulting in significant fines.

Accurate documentation of overtime and breaks is crucial for protecting employee health. Research indicates that proper time recording and adherence to working hour regulations positively impact mental and physical health, mitigating risks associated with excessive working hours.

For companies, meeting these legal requirements not only avoids penalties but also fosters a healthy work environment, enhances employee productivity, and builds trust in management by ensuring transparency and fairness in time tracking.

Frequently asked questions about time recording in flexible working hours framework

Flexible working hours are a complex topic that often raises questions and it's important to note that the legal landscape around flexible working frameworks and time recording in Germany is evolving, and companies are still adapting to these changes.

1/ What needs to be recorded when recording time?

When recording time, the exact working hours of each employee must be documented, including the start and end of working hours and break times. This serves to check compliance with the legal working time requirements.

2/ How is trust-based working time recorded?

Trust-based working hours can be recorded using digital time recording systems, which allow flexible entry of working hours while ensuring accurate documentation.

3/ What needs to be documented when recording working hours?

In addition to the actual working hours, overtime, rest breaks and, if applicable, vacation or sick days must also be recorded. These records are important for compliance with working time regulations and for correct payroll accounting.

4/ What happens if working hours are not recorded correctly?

Incorrect time recording can have legal consequences for the company, such as fines or additional demands for social security contributions. Employees can also claim back payments for overtime worked.

IMPLEMENTATION OF TRUST-BASED WORKING HOURS WITH TIME RECORDING SYSTEMS

Modern HR software solutions such as Odoo ERP provide tools to implement trust-based working hours by replacing manual methods of time tracking with automated, digital systems. These technologies not only make administration easier, but also increase data accuracy and strengthen transparency within companies.

Advantages of digital time recording systems

Digital time tracking solutions offer numerous advantages over manual methods. They minimize sources of error that can arise when manually entering working hours and save time that would otherwise be needed to manually fill out and check time cards. Systems like Odoo automate the tracking process, allowing for instant updates and adjustments. This leads to more efficient resource management and makes it easier to comply with legal working time regulations through accurate records.

Integration with business processes

Odoo stands out for its ability to integrate time tracking with other business processes such as customer management, project planning and invoicing. This allows employees to enter their working time directly into projects and tasks, making accurate billing and project management easier. By centrally collecting all relevant data, companies can plan and use their resources more efficiently.

Efficient and reliable billing through project-based time recording

Thanks to the project-based time tracking feature, companies can precisely assign working hours to the corresponding projects and tasks. This enables accurate billing and precise cost allocations. Real-time tracking also helps keep track of time spent and budgets for individual projects.

Data protection and transparency in HR processes

Respecting data protection and ensuring transparency are crucial aspects when using time tracking systems. Odoo ensures that all employee data is stored and processed securely, in line with data protection laws such as the EU GDPR. The transparency promoted by such systems increases employee trust, as they have insight into their own working time data and can confirm that their rights and working hours are respected.

More examples of effective flexible working time management with Odoo

Odoo allows flexible working hours that can be adapted to the specific needs of companies and their employees. Here are some practical examples of how Odoo can be used to manage flexible working hours:

  1. Flexible shift scheduling : With Odoo, shift schedules can be easily created and customized to meet the changing needs of the business. Employees can enter their availability and managers can assign shifts accordingly, ensuring optimal staffing.
  2. Automated break and overtime policies : Since the Odoo 17 release, Odoo helps automate the calculation of breaks and overtime, making it easier to comply with labor laws. This protects both the employer and the employee from potential legal problems.
  3. Remote and home office management : For teams working remotely, Odoo offers tools to monitor and manage their working hours, regardless of their location. This promotes a flexible work culture and supports work-life balance.
    odoo-scheduling

By using Odoo, companies can not only manage their working hours efficiently but also create a transparent and fair working environment that contributes to employee satisfaction and operational efficiency.

 

Flexibility and Modern Time-Recording Through Odoo

odoo-timesheet

As a comprehensive business solution, Odoo offers the possibility to effectively manage trust-based working hours by seamlessly integrating various business processes. Compliance with legal frameworks is a key advantage here.

Odoo's capabilities for time management

Odoo enables companies to flexibly manage trust-based working hours within legal requirements. The system offers customizable time tracking tools that allow individual working hours to be documented precisely while taking legal requirements, such as maximum working hours and break regulations, into account. This helps companies create a flexible but compliant working environment.

Integration with business processes

Odoo stands out for its ability to integrate time tracking with other business processes such as customer management, project planning and invoicing. This allows employees to enter their working time directly into projects and tasks, making accurate billing and project management easier. By centrally collecting all relevant data, companies can plan and use their resources more efficiently.

Compliance and suitability for SMEs

Odoo is fully compliant with the EU General Data Protection Regulation (GDPR), which makes it particularly attractive for companies in the EU. The platform ensures that all stored data is handled securely and in accordance with strict data protection guidelines. This compliance makes Odoo an ideal solution for small and medium-sized companies that need a reliable but flexible time tracking solution without having to maintain their own large IT department.

By using Odoo, companies can implement flexible working time models that not only increase employee satisfaction but also increase productivity and efficiency in the workplace. This shows how modern time tracking systems can help meet the challenges of today's working world.

SHAPING THE FUTURE OF TRUST-BASED WORKING HOURS WITH ODOO

In this article, we have looked at the different aspects of flexible working hours and their recording in Germany. Legal requirements require accurate documentation of working hours, even in flexible working models such as the trust-based working framework. Modern software solutions such as Odoo play a crucial role in implementing these requirements. They enable efficient and transparent time recording that both respects employees' freedom and provides the necessary control to meet legal obligations.

The balance between freedom and control in the workplace is essential for creating a motivating and healthy work environment. Odoo helps companies achieve this balance by offering flexible but comprehensive time tracking tools. These systems not only support compliance with labor laws but also promote digital transformation in companies.

At W4, we offer optimal solutions for our customers. Our expertise as a provider and user of Odoo qualifies us as your preferred partner for all Odoo-related requirements. We support companies of all sizes in improving their processes through customized Odoo solutions, increasing productivity and realizing digital transformation.

The combination of W4's expertise and Odoo's advanced features enables companies to effectively manage trust-based working hours while fostering a culture of accountability and engagement. 

Contact us today to find out how Odoo can help you take your business to the  next level!

Tags: B2B ERP

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