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Judgment on Time Recording: With These Tools, Timekeeping Becomes Child's Play

In this article, you will learn what changes are coming your way after the Federal Labor Court's ruling on timekeeping and what software solutions could help you with it.

Table of contents
  1. What is the BAG time recording ruling about?
  2. From when does the duty to record working time apply to companies according to the BAG ruling?
  3. What are the implications of the BAG's time recording ruling for employers?
  4. What solutions are available for time recording according to the BAG ruling?
  5. How to successfully implement time recording with the ZMI tool
  6. Conclusion: Legally compliant time recording at the push of a button with ZMI software

In this article, we will show you which changes to expect after the BAG ruling on time tracking and which software solutions you can use to record your employees' working hours in no time.

Many entrepreneurs find time recording a thorn in the side, as in growing companies, both time and nerves are needed elsewhere. In recent years, it was still possible to keep digital time recording as a nice-to-have further down on the to-do list. But with the Federal Labor Court's (BAG) ruling on time recording from 13 September 2022, entrepreneurs are obliged to timely implement a time recording system.

All employers must now closely record and document the working hours of their employees. This also affects current trust-based working time models and home-office workers. However, trust-based working time recording and trust-based working hours are not mutually exclusive. The IT world also has a solution for you.

Thanks to time tracking software like ZMI digital time recording at the workplace (and in the home office) becomes a breeze for both you and your employees. But what exactly is the ruling about time recording and what does it mean for you and your company? We will explain all this and much more in this article. Besides, we will introduce you to practical tools and solutions for time recording, so you can focus on the truly important aspects of your company.

What is the BAG time recording ruling about?

According to the BAG ruling in Erfurt, time recording is now mandatory for companies in Germany. Until now, only overtime and work on Sundays and public holidays had to be recorded. From now on, however, the entire working time must be documented. More precisely, employers must provide a time recording system for employees.

The president of Germany's highest labor court, Inken Gallner, justifies the employers' obligation to systematically record working hours with the interpretation of the German Occupational Safety Act after the judgment of the European Court of Justice (ECJ). Back in May 2019, the ECJ decided on an EU-wide time measurement. This is the only way to control the EU directive on working time recording such as the weekly maximum working hours and statutory rest periods.

The implementation of this new system was left to each country. So far, Germany had been inactive in this respect. This changes immediately with the current ruling on time recording. The BAG's landmark decision (1ABR 22/21) also affects widely used trust-based working models and home office.

In ZMI #HR Inside Talk with Kathrin Reitner (specialist lawyer for labor law, partner and head of the labor law department at Grant Thornton Rechtsanwaltsgesellschaft mbH) you can learn more details about the BAG's time recording ruling and its impacts on German companies.

From when does the duty to record working time apply to companies according to the BAG ruling?

What the ECJ announced in 2019 has now been implemented by the BAG. As of the announcement of the judgment on September 13, 2019 - and thus immediately – all German employers are responsible for the time recording of their employees. The exact date by which this must be implemented in the companies is currently still unclear. Nevertheless, it applies: With the right tool, you are already working in compliance with the law.

What are the implications of the BAG's time recording ruling for employers?

The Working Time Act (ArbZG) must be amended by the German legislator concerning the ECJ ruling. Otherwise, the legislator will pass a new law requiring employers to keep detailed records of working hours. Especially companies that do not currently use a time recording system should deal with legally compliant time recording as soon as possible. The exact requirements for the time recording system are not yet defined. However, according to the BAG, three criteria are already fixed: it's important,

  • that access to the system is easy and possible at all times.
  • that it documents factually and objectively.
  • that it is characterized by reliability.

Working hours should be recorded at a glance, and breaks should be documented correctly. Overtime should also be clearly structured and the start and end of the working day should be marked clearly.

Companies that already use a time recording system should check its currency and keep an eye on the further development of the legal situation. To meet the BAG's criteria, a good time recording tool should have the following features:

  • Recording of work and break times
  • Creating work schedules and shift work
  • Managing vacation days and sickness-related downtime
  • Interfaces to your payroll accounting software
  • Time recording of your company's projects
  • Mobile access via an app
  • Electronic access control

What solutions are available for time recording according to the BAG ruling?

In recent years, the concept of a fixed workplace with exact working hours has changed. Both companies and employees now benefit from flexible working hours and the option of working from home. So at first glance, mandatory time recording may seem like a challenge for many employers. But the solution is closer than you might think. With digital time recording tools, you can document and manage your employees' working hours regardless of location and time. This creates transparency and any discussions about working hours are a thing of the past. Digital solutions for time recording are also always objective and less prone to errors.

Users of the time recording tool by ZMI mainly praise the user-friendliness and customizability of the software. It is suitable for growth companies and all employers who want to be flexible, as the tool is modular. So you design an individual time recording solution that is tailored perfectly to your company. You only pay for the ZMI modules that you really need.

The following time recording solutions are also popular on OMR Reviews:

How to successfully implement time recording with the ZMI tool

Founded in 1996, ZMI GmbH offers you an industry-neutral software for personnel time recording. Whether you opt for the cloud-based solution (SaaS) or the on-premise version is up to you. With the ZMI tool, you and your employees can complete the daily time recording in no time.

But that's not all. With the software from ZMI you also have the perfect solution for new work and employee services, digital personnel files, personnel deployment planning, order and project time recording, and access controls. You decide which modules become part of your ZMI package.

ZMI Time Recording Everywhere

ZMI allows you to record time from anywhere. Whether at home, in the office, or on the road. With ZMI you always keep track of your employees' working hours. The tool also adapts to your individual preferences as entrepreneurs. Are you on the go and only have your mobile phone with you? Or do you like to sit on the couch in the home office and work with the tablet? The ZMI software is compatible with all your devices. Laptops, tablets, mobiles – you decide where, when, and from which device you operate the software.

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With ZMI from anywhere

ZMI-Time

ZMI-Time is the answer to the new legal situation around time recording. The GDPR-compliant software solution is available on-premise or as a cloud version. In addition to functions for time recording, access controls, and personnel deployment planning, the ZMI tool is also compatible with wage or salary systems and ERP systems.

With the digital time recording system, you can evaluate your employees' working hours down to the minute and record the results in daily, weekly, monthly, or yearly reports. You can then store these in the digital personnel file. Additionally, you have the possibility to create different working time models and assign each employee their own time account. In addition to work-related times, the software from ZMI also reminds you of birthdays and anniversaries. With ZMI-Time, you always have everything in sight.

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ZMI Time

ZMI-App

With the intuitive ZMI app, your employees can record the start and end of their workday at the click of a button and document their exact working hours. This applies both to days spent in the office and to the home office. Simply select “Arrival” or “Departure” and the actual working time is recorded. Additional order data such as the start or completion of a project can also be documented via the app. The barcode scan supports you in project booking. Furthermore, HR processes, such as vacation applications, can also be depicted paperless and independent of location.

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ZMI App

ZMI Time Recording Terminal

The time recording terminals of ZMI are today's time clocks. They can be used both stationary and mobile. Depending on requirements and budget, there are different versions available. The employees record their working hours in the office easily and quickly with a chip card. They thus accurately record their working hours at the beginning as well as at the end of the working day, which in turn are automatically saved in the digital personnel database.

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Time Recording Terminal

Conclusion: Legally compliant time recording at the push of a button with ZMI software

With the BAG's judgement of 13 September 2022, time recording is no longer a project of the future. Employers must now act and immediately record their employees' working times. Various software solutions offer an efficient and time-saving alternative to the classic time clock. Additionally, using digital time recording, the working times of individual employees can automatically be included in the digital personnel file and taken into account in payroll accounting.

The time recording software by ZMI is a complete solution that not only supports you in time recording. Thanks to the extensive features and the countless interfaces with other company-relevant programs, you can tailor the ZMI time recording software individually to your needs. So, what are you waiting for? More than 1,700 customers in the DACH region already trust the software solutions by ZMI.

Sarah Magdalena Huber
Author
Sarah Magdalena Huber

Sarah ist sprachaffin und liebt Herausforderungen. Die gebürtige Österreicherin verfasst und übersetzt Texte in Deutsch, Englisch und Spanisch. Sie ist seit einigen Jahren selbständige Übersetzerin und Dolmetscherin und schreibt als freie Redakteurin bei OMR Reviews zu den Themen Software und Co.

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