Is time tracking becoming mandatory? We have the solution: “scdsoft Clock in/out.”
Is the end of flexible working hours approaching? What is currently not a common practice could soon become a reality – with significant implications for employers.
In a recent case, which was referred to the European Court of Justice (ECJ) by the highest Spanish court, Spanish trade unions argue that companies must provide a means for effective tracking of working hours. This obligation is said to stem from EU Directive 2003/88/EC, which regulates working time, as well as from the Charter of Fundamental Rights of the European Union. Just like in Germany, such an obligation does not currently exist in Spain. Only overtime hours need to be recorded thus far (§ 16 Paragraph 2 Working Hours Act – ArbZG). Whether this regulation is compatible with the Charter of Fundamental Rights of the EU and the mentioned EU Directive is now to be clarified by the ECJ.
How does the Advocate General view the situation?
The Advocate General at the ECJ, whose opinions often guide the decisions of EU judges, has proposed in his opinion that companies should be required to record the daily working hours of their employees to ensure compliance with EU labor regulations. This is deemed necessary to verify that employees can effectively exercise their EU-protected rights regarding maximum working hours and daily and weekly rest periods. Without such a system, the relevant authority lacks the means to detect violations, and it also complicates employees’ ability to prove potential violations in court.
The final decision of the ECJ is still pending. However, if the ECJ were to adopt this position, it would undoubtedly have a significant impact on the concept of flexible working hours.
What solutions are available?
Without making a judgment on the matter in one direction or another, we have created a technical solution with our ESS application “Clock in/out” to record working hours with a click. With a single click, “clock in” and “clock out” entries can be documented in the SAP HCM system and used for time evaluation.
Our service directly replaces a time recording terminal one-to-one. In addition to the Web Dynpro interface, we are currently developing SAP Fiori interfaces for use on mobile devices. Feel free to reach out to us if you are interested!
Sources:
Conclusions of Advocate General G. Pitruzzella from January 31, 2019.
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