Pattern

Sample works agreement on recording working time

Nine clauses as a starting point for the negotiation: data recorded, purpose limitation, access, corrections, retention, permitted reporting.

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Preview: Sample works agreement on recording working time

What is in the template?

Ready to use, with formulas, sample data and a legend.

  • Nine clauses from scope to termination
  • An express exclusion of conduct and performance monitoring
  • Access rights by role, as tick boxes
  • A rule for later corrections and how they are logged
  • A reference to section 87 (1) nos. 2 and 6 BetrVG

When does the template fit?

Ideal as an interim solution or for small teams, with clear limits.

  • Introducing digital time tracking in a business with a works council
  • Replacing an old agreement when changing systems
  • Preparing the first conversation with the council
When Excel reaches its limits

What the agreement excludes, the system has to be able to exclude too.

A works agreement that excludes performance monitoring is only as good as the permission management behind it. MetronHR implements roles and visibility technically, logs every correction with the person, timestamp and old value and thereby makes what is on paper verifiable.

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Frequently asked questions

Answers on usage and legal aspects.

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Do I need a works agreement for time tracking?

If there is a works council, as a rule yes. The introduction and use of technical devices capable of monitoring conduct or performance is subject to co-determination under section 87 (1) no. 6 BetrVG. A time tracking system is capable of that, regardless of whether it is actually used that way.

Can the works council prevent the introduction?

The duty to record is not up for negotiation; it follows from section 3 (2) no. 1 of the Occupational Safety Act as interpreted by the Federal Labour Court (decision of 13 September 2022, 1 ABR 22/21). What is co-determined is the how: which system, which data, which reports, which access. If no agreement is reached, the conciliation board decides.

What has to be in it as a minimum?

Scope, the types of data recorded, purpose limitation, access rights by role, how corrections are handled, retention and deletion, permitted and prohibited reporting, employees' rights and the term and termination. The template covers these points.

What happens after the agreement is terminated?

Works agreements on matters subject to co-determination continue to have effect after termination until they are replaced by another arrangement (section 77 (6) BetrVG). The system therefore does not carry on in a regulatory vacuum.

Is the template legally watertight?

It is a starting point, not a finished agreement. Businesses differ in size, collective agreement coverage and system. Have the draft checked before signing by someone qualified in employment law.

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