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Is trust-based working time dead? How the law on time recording will affect t...

Since the ruling of the European Court of Justice and now also of the Federal Labor Court on working time recording, both employers and employees fear that trust-based working hours will die out. Freedom is contrasted with control, trust with surveillance. But are trust-based working hours and time recording really opposites? What will change as a result of the ruling and what will stay the same?

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Disclaimer: All information on the pages of this website is for general information purposes only. It does not constitute legal advice in individual cases and cannot and should not replace such advice.
What is trust-based working time?
Trust-based working hours are one of the most popular working models . Its key feature is that employees organize their working hours themselves. The only important thing is that they complete the assigned tasks - when they start and finish work is up to them. The employer trusts that they will stick to their daily working hours and break times, which are set out in the contract and in the collective agreement guidelines. The exact daily working hours do not have to be agreed with the employer either.

The independent design of work in trust-based work Cell Phone Number Database often extends into all areas of everyday work. There are usually no attendance requirements . Conversely, employees can be at work without working. Employees can often choose their own place of work and are given the opportunity to take trust-based leave.

How is working time organized in trust-based employment?
In most cases, there is no core working time with trust-based working hours. However, employers can specify a time corridor within which employees can freely organize their working hours (e.g. every day from 6 a.m. to 10 p.m.).

It is important in trust-based work that defined working hours are adhered to on a monthly or weekly basis. The basis for this is the employment contract and the legal provisions. The latter require the following:

working hours according to the Working Hours Act
Is there an overtime regulation for trust-based working hours?
In comparison to other models, with trust-based working hours, overtime is not paid or compensated with free time. Instead, working hours return to a normal level through shorter days.

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The works council can help determine the start and end of the daily working hours. It can also help decide on breaks and the distribution of working hours. The employer must inform the works council if the regular weekly working hours are exceeded. The works council can also prohibit this.

Who is trust-based working hours suitable for?
Trust-based working hours are suitable for all professions and industries in which the work result plays a greater role than attendance. Employees who have a high level of initiative, approach tasks in a structured manner and work independently can make the most of the freedom of trust-based working hours. The work model is often used in the following professions:

The prerequisites for trust-based work are a high level of trust between employer and employees and clear targets that employees should adhere to during their working hours.

Advantages and Disadvantages of Trust-Based Working Hours
What are the advantages of trust-based working hours for employers?
Greater employer attractiveness

With trust-based working hours, employers give employees more flexibility, which makes everyday work less stressful and enables a better work-life balance . This means that employees with children or care obligations also have the optimal conditions for productive work. But flexible working hours are also popular with the younger generation of employees. Particularly in times of a shortage of skilled workers, when applicants have the choice between several companies, flexible working hours can be the deciding factor for or against an employer.

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