Works agreement for time recording
Recording working time is mandatory – but the works council co-determines the concrete arrangement. This guide neutrally explains what a works agreement on time recording typically regulates and the role of the conciliation committee if employer and works council cannot agree.
Legal framework: duty and co-determination
According to case law of the Federal Labour Court, there is a duty to introduce a system for recording working time. The whether thus follows from the law. The how – the concrete technical and organisational arrangement – is co-determined by the works council (Section 87(1) no. 6 BetrVG, and no. 2 on the position of working time). Recording systems are at the same time technical installations capable of monitoring conduct and performance.
Typical content
- Recording system and method (fixed, mobile, app-based)
- Handling of manual corrections and subsequent entries
- Permissible evaluations and reports
- Compatibility with trust-based working time and flexible models
- Treatment of overtime, flexitime and working-time accounts
- Access rights and retention periods
- Data protection and protection from continuous behaviour monitoring
If no agreement is reached
There is no dispute about the whether – it is mandatory. Disagreement about the how, however, can be resolved by the conciliation committee. As chair, I guide the parties to a workable solution that meets the statutory recording duty, preserves operational flexibility and protects employees from excessive control.
Briefly answered
According to case law of the Federal Labour Court, there is a duty to introduce a system for recording working time. The whether follows from the law; the how – the concrete arrangement – is co-determined by the works council (Section 87(1) no. 6 BetrVG).
Yes. Recording and trust-based working time are not mutually exclusive. The agreement regulates how both fit together without creating continuous behaviour monitoring.
Related guides: Microsoft 365 · IT framework agreement · all guides
A conciliation committee on time recording?
As a neutral chair I guide the parties to a compliant, practical arrangement – across Germany.