Personnel time recording
The time and attendance (PZE) is the data acquisition of working hours of the worker by recording devices , and is within the business thematically the human resources allocated.
In Germany only systems for recording attendance are common. The corresponding legal provisions for the service contract are set out in the German Civil Code . Further agreements in the employment contract are possible. A further arithmetical calculation of working hours combined with a productivity check is not permitted without the express consent of the employee. According to the ECJ ruling of May 14, 2019, all EU member states must oblige employers to record the working hours of their employees precisely, objectively and reliably. According to the ECJ, the national legislators have a wide range of decision-making options when it comes to the design of working time recording. The federal government will examine the details of this in the next step.
development
Before the introduction of first electromechanical and then electronic devices, mechanical time clocks and work cards were used for PZE . Today electronic time recording devices are used almost exclusively. Currently known are:
- Terminals with different reading methods for personal identification
- mobile time recording systems (personal data transmitter)
- mobile time recording memories (personal reading pens),
- mobile data transmitter / receiver with combined location determination (mobile phone, GPS logbook),
- Internet websites for direct booking and / or recording of corrections (workflow)
- Intranet software (mostly client-server architecture).
A wide variety of supplements are known, for example for absence management (vacation requests etc.) or for overtime approval via hierarchical structures.
Working times are now also recorded with special time recording software. Mobile time recording systems that make it possible to record working times via laptops, tablet PCs and mobile phones are becoming increasingly important . In combination with cell phone location , operational data acquisition is also possible for workplaces outside the company. Depending on the recording medium, there are different options for identifying individual persons using plastic cards with optical codes , magnetic codes , RFID chips ( transponders ). Transmission with optical or magnetic codes is rarely used any more; contactlessly readable ID media with RFID chips are more common.
Other procedures are
- PIN entry at a data acquisition terminal
- Acquisition via a telephone set (the authentication can take place e.g. via the telephone number or by entering an authentication number)
- Key fob (contactless reader, see plastic card with RFID chip ...)
- biometric registration (fingerprint)
- Identification by means of an iris scan or face recognition. (Only useful if the acquisition station is also used as an access control terminal)
- Enter password (log on to PC ...)
- Combination of registration procedures z. B. Key fobs with subsequent password entry, useful in secured areas in combination with access control systems
The user interface and the database are essential components of a software-based time recording system . Due to the interlinking of time recording with all operational areas, investment security is an important aspect. This can be increased by system-independent, for example web-based solutions for the user interface, open source software and standardized databases ( SQL ).
The authorized user must be able to read out, view and comment on the recorded and registered data relating to him (e.g. personnel management, booking overview, vacation management) at any time. Deleting already recorded data damages the authenticity of the recording.
Superiors and employees can and should be able to independently inspect the data recorded. Various options are available for this, such as querying the time balance and vacation credit on your own PC, at a specific query terminal such as B. a touchscreen PC, on the recording terminal itself or the form of the regular automatic delivery of evaluations such as monthly reports, so-called. "Imaginary stamp cards", booking reports, change logs of the original bookings.
functionality
Working hours (attendance) are recorded by incoming and outgoing messages at the booking terminals. The newer systems can also be operated variably with scaling for other types of presence or absence. This means that absence planning, duty scheduling or the application system for absences can usually be integrated in such systems . If necessary, access controls can also be carried out via the personnel time recording. A management system that builds on the system and is operated by the existing data is useful, e.g. B. Shift planning, project time recording (Dopik), result-performance calculation (ELR).
The order time recording (BDE), which can usually be integrated as an additional module, offers more transparency (also in pure service companies). In contrast to personnel time recording, not only the attendances and absences, but also the activities are recorded and reported here. This means that subsequent productivity analyzes and comparisons between employees or employee groups as well as cost centers can be carried out.
storage
To simplify the calculation (for employers), working times are often stored as so-called industrial minutes in decimal form, but conventional time measurement systems are also available. Generally they can also output evaluations in "industrial minutes". A distinction should be made between shift or fixed working time models from variable or flextime recording. In any case, it must be ensured that the provisions of the applicable collective agreement or the applicable works agreement are complied with. Depending on the employer, federal, state, municipal and tariff regulations (laws) must be observed.
Similar acquisition methods
Are related to the PZE the production data acquisition (PDA) and the machine data acquisition (MDE). For the wages time recording systems provide the basis for calculation and payroll by overtime pay , allowances for weekend and holiday work, night shift allowances and surcharges are calculated automatically by stored formulas. In order to be able to map different collective agreements and working time models, the corresponding rules can be stored in the system. Ideally, the wage types determined in this way are transferred to a wage accounting program via a digital interface. The risk of errors can thus be minimized and the payroll accounting workflow optimized.
Personnel time recording in labor law
In German companies in which a works council exists, the works council has a right of co-determination in accordance with Section 87 (1) sentence 6 when introducing staff time recording. This law regulates the “introduction and use of technical facilities that are intended to monitor the behavior or performance of employees ” as subject to co-determination. Whether the works council can, on the other hand, request the introduction of electronic working time recording from the employer against the background of the case law of the European Court of Justice , is judged differently in jurisprudence. The same applies in the public service to the participation rights of the staff council . This also results in the reverse conclusion, the works council may demand documentation of the "working hours" to protect employees.
According to a ruling by the Federal Labor Court , employees who intentionally stamp incorrectly on a time clock can be terminated without notice without a warning due to forgery of documents. This case law is derived from the willful fraud ( § 263 StGB) and the resulting breach of trust by the employee.
In Austria, the Supreme Court ruled that the recording of working hours using biometric finger scans can only be introduced in companies that have a corresponding company agreement.
Time recording and data protection
When using time recording systems, data protection aspects must be observed, which result from the General Data Protection Regulation , the general protection goals of information security and the judgment C ‑ 55/18 of the ECJ.
Activity-related and project-specific time recording
In many companies, there is no longer just a simple recording of attendance times. Project-specific or activity-related time recording is also often used. While in small companies this is usually recorded by hand using forms or entered in Excel lists, medium-sized and large companies often use special software solutions. With project time recording, for example, working times are recorded and assigned to projects at the same time. This is particularly important for project controlling and project accounting, as it enables evaluations of the project times that have taken place. Depending on which data is recorded, it is also possible to carry out activity analyzes of the employees and to calculate the profitability of the projects. The latter is particularly useful if a fixed number of hours is set for the project. The hours worked are often billed to the customer. A software-supported project time recording enables the company to easily bill the project hours and offers the customer a high level of transparency about all activities performed.
Benefits employees
- Efficient self-control of payroll
- Transparency about your own absences, time balances
- Facilitates planning (compensation for absenteeism, vacation planning)
Disadvantages employees
- Possible data protection violations and misuse of the data collected by the employer
Advantages company
- more efficient payroll accounting
- Optimization of individual work processes
- Automated billing procedures
- Work time accounting down to the minute
- more overview, transparency and security
- efficient archiving of bookings and quick traceability of past data
- More effective use of employees
- Economic efficiency and ease of work
- Allocation of employees according to free capacities (personnel deployment planning)
Disadvantages companies
- Data protection violations when using non-data protection compliant applications
- Does not say anything about the productivity of the employee. Time orientation (doing time at work) vs. Task orientation (achieve goals within a maximum of 8-10 per day)
- If the times are project-related and recorded with a job description, a more precise evaluation is possible (BDE / AZE).
- Bookings recorded electronically can be manipulated by employees. (Exchange of codes or cards with other employees), provided the data is not recorded biometrically.
Individual evidence
- ↑ Press release No. 61/19. Court of Justice of the European Union, May 14, 2019, accessed on May 14, 2019 .
- ↑ ECLI: EU: C: 2019: 402 . curia.europa.eu. Retrieved May 21, 2020.
- ^ Raphael Lugowski: Co-determination of the works council in electronic time recording. In: www.betriebsrat-kanzlei.de. Raphael Lugowski, April 17, 2020, accessed April 17, 2020 .
- ↑ BAG, judgment of November 24, 2005 - 2 AZR 39/05, NJW 2006, 1545 = DB 2006, 677 = NZA 2006, 484, http://lexetius.com/2005,3517
- ↑ OGH, judgment of December 20, 2006, 9 ObA 109 / 06d - ArbVG § 96, ABGB § 16, DSG 2000 § 4
- ↑ Court of Justice of the European Union: Judgment C-55/18 of May 14, 2019
- ^ "Data protection requirements for time recording" , Michael Stausberg, virtic GmbH & Co. KG, November 25, 2019
- ↑ trust-based working hours | Monster.de . In: Monster Hiring Resource Center . ( monster.de [accessed on March 8, 2017]).
