ARTICLE · 06 FEBRUARY 2023

Looking Ahead In 2023 – Germany

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Looking Ahead in 2023 – Germany – legislation, litigation, regulations and trends nationwide that will impact businesses in the coming months...

GermanyEmployment and HR

Verena Braeckeler-Kogel (Pusch Wahlig Workplace Law)

Meike Christine Rehner (Pusch Wahlig Workplace Law)

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Looking Ahead in 2023 – Germany – legislation, litigation, regulations and trends nationwide that will impact businesses in the coming months

Litigation:

BAG (Federal labour court) - Decision dated 13 September 2022 - 1 - ABR 22/21: Recording of working time: According to Section 3 (2) No. 1 of the Occupational Health and Safety Act (Arbeitsschutzgesetz - ArbSchG), the employer is legally obligated to systematically record the working hours of the employees. With this ruling, the BAG ties in with the much-noticed so-called time clock ruling of the ECJ of 14 May 2019 (Ref.: C-55/18). Under current German law, the employer is only obligated to record the employees' daily working time exceeding eight hours and the entire working time on Sundays and public holidays. The recent BAG ruling further increases the pressure on the German legislator to implement the ECJ ruling. Employers should monitor the further developments in case law and the legislative process. At

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