Amendments to the Working Hours Act (ArbZG)
In 2023, the following legislative changes were implemented:
Regulation for small enterprises and collective agreements
Company associations and trade unions can agree on exceptions or clauses that allow regulation at company level by management and the works council.
Exceptions are provided for workers whose working time is not measured or predetermined due to the specific characteristics of their work or can be determined by the workers themselves, as in the case of researchers. In addition, companies with fewer than ten employees, foreign employers without a permanent establishment in Germany who post up to ten employees to Germany, and households employing domestic workers can waive the electronic form altogether.
Registration and protection of personal data
With the introduction of digital working time recording, the issue of employee data protection is gaining further importance in companies. Every time working time is recorded, the employer collects personal data of its employees and must therefore comply with the data protection provisions of the General Data Protection Regulation (GDPR). In principle, the employer can and must record working time and process the corresponding data. This is because the recording of working time is necessary for the performance of the employment relationship and the employer is obliged to maintain a system with which the actual working time worked by each employee can be measured.
The decisive factor for the compatibility of data protection and time recording is compliance with the principles of Article 5 of the GDPR. These state, among other things, that data may only be collected for explicit and legitimate purposes and may not be processed for other purposes. Furthermore, only data that are necessary for the intended purpose may be collected and processed. All personal data must be deleted after the end of the purpose and after the legal retention periods have expired. In case of doubt regarding the recording of working hours and data protection, it is always advisable to contact the company data protection officer or the works council or staff council. The latter should be able to provide information on who and where has access to the recorded data and whether there is a legal basis for this.
Advantages for both parties
Digital time tracking offers advantages for both employers and employees.
The most important benefits for companies include:
Contrary to the assumption that it is only a monitoring method, this instrument offers workers several advantages:
Time tracking software
A suitable system for recording working time today is software-based. There are several options here: Either stand-alone solutions with which only working hours can be recorded. Or all-in-one solutions that offer other functions in addition to time recording. The latter is the case with Momozeit, developed by Pronto Web GmbH.
The platform enables not only the recording of working hours, but also of project times, absences, holidays/sickness and the creation of evaluations. Momozeit also enables the upload and download of Excel documents, has a DATEV interface and is compatible with all devices. It also offers a support service for operation and commissioning as well as a short amortisation period. On the website, one can test the software free of charge and take a look at the three packages of the platform.
Contrary to the aim of protecting companies and their employees, misconceptions about the Labour Court’s decision are currently circulating on the internet. One of them is that of the end of trust-based working time. As the name suggests, the trust-based working time model is based on mutual trust between employer and employee.
While the employer can rely on the performance of its employees, the BAG ruling seeks to promote personal responsibility and productivity, so that employees are more motivated when they know that their overtime will be credited. Furthermore, working time can still be freely arranged, taking into account rest breaks, rest periods and the maximum daily working time, if both parties so agree. The legal provisions for the protection of workers and the Working Hours Act were already valid before, only the legal documentation obligation is new.
The technical migration of 1250 servers and the move from Windows Server 2012 were carried out.
The procedure was as follows:
Die technische Migration von 1250 Servern und der Umzug von Windows Server 2012 wurden durchgeführt.
Dabei wurde wie folgt vorgegangen: