Trust-based working hours and time recording – is that even possible?

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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 often extends to all areas of everyday work. As a rule, there are no attendance requirements . 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

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.

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.

Why is trust-based working time so popular?
Trust-based working hours have many advantages, both for employees and employers. These are some of them:

Graphic explaining the advantages of trust-based Cell Phone Number Database work (productivity, employer attractiveness, absorbing order fluctuations)
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.

Higher employee productivity
When employees can organize their own working hours, they are happier and more productive. In this blog post, you will learn how you can further increase the productivity of your employees: How to increase the productivity of your employees: 12 tips for employers.



absorbing order fluctuations
With trust-based working hours, working hours are optimally adapted to the workload. Idle time is prevented by free time, and if there are more orders, employees can work longer blocks.


Why are working hours now being recorded?
If trust-based working hours are such a great model, why do we need to record working hours?

In May 2019, the European Court of Justice ruled that all European member states must pass a law on time recording as soon as possible. It should oblige all companies to record the times of their employees.
The reason for this is that without time recording, employers cannot fulfill their duty of care: employers are obliged to ensure that legal regulations on occupational health and safety and the Working Hours Act are complied with. But if working hours are not recorded, this cannot be traced.

That is why the Federal Labor Court declared the obligation to record working hours in September 2022. There is currently no adopted law on recording working hours in Germany.

You can find all the details about the current draft law on time recording here.


How can trust-based working hours and time recording work together?
As the name suggests, flexible working hours are based on trust. There must be a basis of trust on both sides so that certain obligations are fulfilled. But trust is not enough on a legal level. But that does not necessarily mean that control takes over instead of trust.