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Legal issues relating to working hours, as well as the recording of working hours, are a recurring source of legal debate. This is particularly true following the 2019 ECJ ruling, according to which employers are ultimately required to set up a system for recording working hours. The legislator must take action in this regard.
However, according to a ruling by the Hamm Regional Labour Court (LAG Hamm) (judgement of 27 June 2021, 7 TaBV 79/20), the works council may also take action. It is said to have the right of initiative to demand the installation of such a technical system. It does not only have co-determination rights when the employer wishes to introduce such a system.
The Federal Labour Court (BAG) had previously rejected this in an earlier ruling. The Regional Labour Court’s important ruling is now under review by the BAG.
Is a change of direction on the horizon?
Read the article by kallan partner Dr Christian Bloth and solicitor Jonas Anders in the latest online edition of the Deutscher AnwaltSpiegel:
Note: This language version has been produced using AI-assisted translation. If you notice anything that could be improved, we would be pleased to receive your feedback.