A divergence in opinion is emerging between the German federal government and labor unions regarding upcoming legislation concerning work hour tracking. While the governing coalition seeks to establish exceptions to mandatory documentation for “trust-based working time” arrangements, the German Trade Union Confederation (DGB) is advocating for a comprehensive, full-coverage regulation.
According to DGB board member Anja Piel, speaking to “Welt am Sonntag” there is no justification for exemptions regarding the recording of trust-based working time and such exceptions are, in her view, incompatible with European Union law.
While acknowledging that trust-based working time is frequently agreed upon by employees with higher salaries, Andrea Kocsis, Deputy Chair of Verdi, emphasized that the model must not be exploited to circumvent worker protection measures outlined in the Working Time Act and employer reporting obligations. “Should it be utilized as a means to bypass these protections, this model cannot persist” Kocsis stated.
Employers have countered this position. Rainer Dulger, the employers’ association president, told “Welt am Sonntag” that work hours are already tracked for a significant number of employees in many companies, while exceptions are justified in other areas. He underscored that trust-based working time fulfills the desire for flexibility among employees and enables a responsible degree of adaptability. He argued that attempting to record trust-based working time using traditional methods is inherently contradictory and would eliminate a crucial tool for flexible human resources management.
The government is obligated to revise regulations on work hour recording following recent rulings by the Federal Constitutional Court. The previous government’s draft legislation is reportedly considered outdated, according to sources within the Federal Ministry of Labor. This has led the government to invite both unions and employer representatives into discussions regarding the new regulations, slated to take place after the summer recess. The timeframe for the presentation of a draft bill remains uncertain.