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In the employer of a residential care facility and the associated works council were able to reach an agreement on employees’ working hours. They recorded this consensus in a works agreement (BV). However, a conflict arose over the documentation of working hours. In the subsequent conciliation board proceedings, both parties were again unable to reach a consensus because, from the employer’s point of view, the works council had no right of initiative. The works council based its argument on Article 31(2) of the EU Charter of Fundamental Rights, among other things, and thus referred to the 2019 ECJ ruling on the mandatory establishment of systematic working time recording . It filed a complaint with the Minden Labor Court to examine whether the right of initiative was appropriate, but the court ruled in favor of the employer. The court referred to a ruling by the Federal Labor Court from 1989. It was only in the second instance that the Hamm Labor Court ruled differently.
LAG Hamm: Works council has right of initiative
In its ruling, the LAG Hamm has expanded the powers of works councils. According to the ruling, works councils do not only have a defensive function against time recording systems . More control and the right to initiate the Cell Phone Number Database introduction of time recording strengthens, above all, the works council 's right to information . In doing so, the LAG Hamm is deliberately contradicting a BAG decision from 1989, in which works councils can only have a say in the design, form and administration.
In addition to the works council's right of initiative, two other rights are also important for recording working hours: the right of co-determination and the right of inspection. You can find out more about this in our eBook, which describes the specific consequences of the ECJ ruling for employers.
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What does this mean for employers?
The dispute is now before the Federal Labor Court, which must decide whether to uphold its 30-year-old ruling or change the legal situation for works councils in Germany. Pending the Federal Labor Court's ruling, the conciliation board appointment procedure is considered successful, as it cannot be ruled out that works councils have the right to initiate the introduction of electronic time recording , but the dispute has been suspended pending a ruling.
We recommend working transparently with the works council when introducing time recording . Intelligent time recording systems such as clockin offer benefits on both sides of the table. Employers save a lot of money on manual time through smart, automated processes. Employees can view their times transparently at any time. This creates a fair set of facts between both parties, with no room for conflict.
No final decision
The effects for employers are not yet clear. However, in the context of the 2019 ECJ Directive on mandatory working time recording, it is advisable not to wait for a ruling from the Federal Labour Court, but to implement all the necessary measures derived from the new directive now as an employer.
Record working hours cleanly with clockin
With clockin, you can document your employees' working hours and orders neatly and digitally using an app. The tool is very popular with both works councils and employers because it helps employees to keep to their rest periods and employers save a lot of working time by eliminating manual processes. With the data collected in compliance with the GDPR, company processes can be analyzed and a completely new perspective on the company can be gained. Start a free trial now without an automatic subscription.
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發表於 12:34:11