What is the specific purpose of systematic working time recording?

Stausberg: With this ruling, the ECJ wants to put employees in a position to enforce their rights - especially with regard to health protection. The recording of working hours typically serves the following purposes: The determination of remuneration, for example, concerns every company and every employee who is remunerated according to working hours. The same applies to the determination of working hours and rest periods in accordance with the Working Hours Act. The valuation of away-from-home activities, such as the calculation of the tax-free lump sum for additional meal expenses, accommodation allowances or daily allowances, is also important. In addition, there is cost accounting, i.e. the calculation of personnel costs per cost unit, project or order, which is not relevant in all companies. Companies should therefore choose a system that can be used for all relevant purposes.

What does the ECJ prescribe for recording?

Stausberg: An objective, reliable, accessible and confidential system is required to measure daily working time. This means that the working time must be recorded objectively in accordance with the company agreements, i.e. independently of the person recording it. In addition, the system must be tamper-proof, function reliably and be able to record all working times regardless of the place of work. To ensure a balance of power, the system must be accessible to both employers and employees. The data must also be processed confidentially. Companies should therefore make absolutely sure that only authorized persons have access.

How can companies decide which recording system is the right one?

Stausberg: The appropriate recording technology depends on the work situation in which the times have to be recorded: At a fixed workplace, for example, employees can log in and out at terminals in the entrance area or at their workplace PC. Robust terminals can also be installed for long-term field service assignments, for example on construction sites. In the home office, on the other hand, employees can use their smartphone or PC. Mobile devices are also ideal if working times need to be recorded on the move, for example at the customer's premises or when working on a project outside the company headquarters. Basically, there is a clear advantage in the efficient processing of data when a digital solution is used.

What should companies pay particular attention to during implementation?

Stausberg: Companies need to keep a number of aspects in mind at this point: Are the requirements of the GDPR being taken into account? Where does the data processing take place? Can read and write permissions be restricted to certain people? How user-friendly is the system and how is it accepted by the workforce? Do employees have access to their own data? In addition, the works council, if established in the company, must be involved. It has a right of co-determination in the introduction and use of technical equipment designed to monitor the behavior and performance of employees.

According to documents from Virtic