Contents page 1 — “Now it becomes clear, how much the people don’t work” page 2 — “The dispute about what is considered to be working time, new” On a page
The European court of justice (ECJ) in Luxembourg the employer is obliged in the EU to record the working hours of their employees in a systematic and complete Az: C-55/18 (). Only in this way could check whether permissible working hours are exceeded. Artur Kühnel, specialist lawyer for labour law in Hamburg, on the impact of the judgment.
Zeit ONLINE: Mr Kühnel, in her judgment, the judge at the ECJ to challenge the member States of the EU to require companies to objective, reliable and accessible time and attendance system. What this means in practice for companies in Germany?
Artur Kühnel: The judgment relates to the first glance, first of all, only a commitment from the member countries of the EU. If there is one in each of the States is now a legal norm that can be interpreted in the judgment, you have to adopt any new laws. Then the workers can demand inside of your employer, the working hours to fully record, as provided for in the judgment.
Zeit ONLINE: How is the situation in Germany?
Kühnel: Paragraph 16 of the working time act, the employer is obliged already now, certain work times recorded. More specifically: Paragraph 3 of the law on Working time States that daily working time may the workers eight hours, not to exceed, but under certain restrictions for up to ten hours may be extended – what is beyond eight hours of work a day, must be recorded.
Ultimately, the courts decide.
TIME ONLINE: Can the in line with the ECJ ruling be interpreted?
Kühnel: in My opinion, Yes, so that we need no new law. But this is going to be controversial.
TIME ONLINE: Who will decide?
Kühnel: Ultimately, the courts will decide, in this case, the Federal labour court, as soon as it gets a specific case is presented.
TIME ONLINE: it can take years for legal certainty?
Kühnel: Yes. But I expect that some companies will start due to the ECJ decision, now with the working version, to behave in conformity with the law. Companies that don’t do that, but on a new law to wait, so aware of the risk, to be subject to later court.
Are lots of pieces of paper a reliable, accessible, objective System? Tend not.
From my point of view, the worker can request right now from your employer, the working hours to fully record. The company has a works Council, could be the active. I suspect that the companies will react to it differently – like, also depends on how the working time is organized in their companies so far. For example, shift work and flexitime are also documented already complete; it should change nothing. It becomes more complicated in the case of trust-based working hours. The largest plot, I see companies that capture hardly any or only unsystematic, for example in small crafts, where workers record their times on loose slips of paper. This is a reliable, accessible, objective System? Tend not.
TIME ONLINE: What is a reliable, accessible and objective System would be?
Kühnel: lens means of ranking independent. So it must be carefully regulated, when the working time begins and when it ends. The employer, not the employee, but also cannot decide. Reliable means that The data must be correctly recorded, up-to-date and, if possible, be protected against manipulation. If the data is once recorded, it may not be possible to change it just like that. Accessible means that The System must be accessible in order to also authorities or councils can check the working hours.
the aim is to protect the health and safety of workers and to avoid being Overwhelmed. This must not be undermined.
How to create exactly the collection system is not in front of the ECJ. But he says very clearly: the aim is to protect the health and safety of workers and to avoid being Overwhelmed. This must not be undermined. And economic interests of the plant are considerably higher.
TIME ONLINE: If the working time law obliged the company to capture more work, what is the full working version then?
