Introduction
Worktime records are crucial for employers and employees, ensuring transparency and accountability in the workplace. The latest set of regulations, the new Work Time Record Regulation, aims to simplify and modernize the process of maintaining these critical records. We provide a comprehensive overview of the latest changes and additions, sharing valuable guidelines for employers to comply with the new regulations and ensure more efficient management of work records.
After seven years of applying the previous Regulation (since 2017), a new Regulation on the Content and Manner of Keeping Records of Employees (Official Gazette, No. 55/24, from now on the new Regulation) has been adopted, which will come into force on October 1, 2024. This Regulation (Article 1 of the new Regulation) prescribes the content and manner of keeping records of employees employed by the employer unless otherwise regulated by other provisions.
Upon the new Regulation’s entry into force, the old, still valid Regulation on the Content and Manner of Keeping Records of Employees (Official Gazette, No. 73/17) will cease to apply.
Key Changes and Innovations
Background and Purpose
The Work Time Record Regulation has undergone several revisions in the past decade, reflecting the dynamic nature of work management and the need for updated record-keeping practices. The primary goal of these changes is to increase the efficiency and transparency of tracking work hours. Additionally, the new modifications align with technological advancements and the digitalization of business processes, enabling employers to maintain work time records more simply and effectively.
Highlighted Parts of the New Regulation
The new Regulation includes nine more articles than the previous version, totalling 25. This expansion covers various aspects of managing work time records in more detail. The new provisions include specific instructions for recording work hours for remote work and flexible work arrangements, reflecting the growing popularity of such work models.
Detailed Requirements for Keeping Records
Employers are required to keep detailed records for each employee, including:
- Full name and date of the month
- Start and end times of work
- Breaks and delays not caused by the employee
- Total daily work hours
- Specific types of work hours such as night work, overtime, and fieldwork
The new Regulation also specifies the method of keeping records for employees working from home, allowing tracking work hours for such work forms. For example, remote work employees must record the start and end times of work and break times to ensure the accuracy of records.
Inclusion of New Types of Absences
The Regulation now requires recording various new types of absences introduced by recent institutes added to the Labor Law, such as unpaid leave for personal care, paternity leave, and leave for other specific reasons, such as participation in political campaigns or military service.
This change allows employers and employees to better understand and manage different types of absences, ensuring all absences are adequately recorded and tracked. Additionally, employers are required to keep records of sick leave and other forms of temporary work incapacity.
Digitalization and Automation
Emphasizing modernization, the Regulation encourages digital tools for keeping records and allows records to be maintained in written or electronic form. This change aims to reduce administrative burdens and increase accuracy.
Digitalization enables faster and more accurate record-keeping, reducing the possibility of errors and facilitating access to information in real time. Employers are encouraged to use software solutions that allow automatic tracking and analysis of work hours, further improving the efficiency of managing work processes.
Specific Provisions
Dispute Resolution
In disputes related to work hours, the employer has the burden of proof if records are not kept properly. This provision protects employee rights and encourages employers to maintain accurate records.
This measure further strengthens employee rights, ensuring that employers are accountable for the accuracy of work time records. In a dispute, the employer must provide accurate and up-to-date records to prove proper recording of work hours.
Application of the Regulation
The new Regulation applies to all employees, including those on special work arrangements such as remote work or work at remote locations. Employers must ensure that records reflect actual working conditions and any deviations from regular schedules.
This is particularly relevant given the increasing number of workers who work outside the traditional office environment. It enables employers to track employees’ work hours and activities accurately regardless of their location.
Compliance and Penalties
Employers who fail to comply with the new record-keeping requirements face significant penalties. Legal entities can face fines between 8,090 and 13,270 euros, while individual employers and responsible persons within legal entities can face fines ranging from 920 to 1,320 euros.
Impact on Employers
These changes require employers to adjust their record-keeping practices to meet new standards. Key actions include:
- Training HR staff on new requirements
- Implementing or upgrading digital systems for record-keeping
- Regularly reviewing records to ensure compliance
Conclusion
The new Work Time Record Regulation represents a significant step towards more transparent and efficient work management. By adhering to these updated regulations, employers can ensure legal compliance, protect employee rights, and create a more organized and responsible work environment.
For additional information and guidelines on implementing these changes, contact our expert team via the contact information available on our website.
