The provisions of the Minimum Wage Act (MiLoG) have been applicable since 1 January 2015.

As a result, employers are subject to additional documentation and monitoring obligations, particularly with regard to the recording of working hours for student and research assistants. A computerised template for recording working hours has been created for this purpose and is available on the website of Department 4.3 under ‘Mindestlohngesetz-Arbeitszeitaufzeichnung-Urlaub’.  

The following must be observed when documenting and checking working hours:

1. SHK, WHB and WHK in the mini-job sector:
There is a general, statutory recording obligation for this group of persons. The working hours of auxiliary staff must be recorded by their supervisors, e.g. professors, within one week of the work being performed and they are also responsible for this. Delegation of the recording is possible. The IT-supported template must be used for this purpose.

2. SHK, WHB and WHK outside the mini-job sector:
Provided that the hours worked in relation to the month correspond exactly to the contractual relationship, these auxiliary staff are not subject to the recording obligation under MiLoG. (=regular, fixed working hours)

If monthly overtime is/can be incurred due to flexibilised working hours, a working time account must be kept. The working hours are recorded and managed by the line managers, e.g. professors, and recording can be delegated. The IT-supported template must be used for recording working hours.

3. storage:
The records must be kept for at least two years and kept available for control purposes. If the working time records are also used as evidence of work in third-party funded projects, a retention period of 10 years is recommended.

The time sheets are to be collected by the management of the dean's offices, academic institutions and operating units

4. overtime:
Within a month, no more than 50% of the contractual monthly working hours may be overtime and posted to this working time account. The overtime must be compensated by time off in lieu within 12 months.
Organisation of working hours:
When organising working hours, the health and safety provisions of the Working Hours Act must always be observed with regard to rest breaks, night and Sunday work and maximum working hours.

Consideration of holidays and sick days:
The monthly contractual working time (contractually agreed number of hours per week * 4.348) includes the total working time obligation. Within this time frame, every SHK, WHB and WHK is of course legally entitled to holiday, which is granted in whole working days (not in working hours!).  (Information on calculating holiday entitlements can be found here)

For the calculation of working time, average daily replacement times (number of hours per week./.working days) must therefore be provided for granted holidays as well as for proven sick days or weekly public holidays that fall on a working day and deducted from the above-mentioned monthly contractual working ti

Templates for recording working hours in accordance with MiLoG

• For calendar year 2022*
  Time recording table
   
• For calendar year 2023*
  Time recording table
   
• Instructions for completing these forms    German    English
   

Complete legal text of the MiLoG
 

Overview of vacation entitlement under the Federal Holyday Act

 *A field (P2) is provided in each monthly sheet for entering billing periods. This option is intended, for example, for cases in which the employment relationship does not begin on the first of the month or ends on the last of the month. The entry is made here in Fomat: Decimal hours (i.e. 3 hrs. 45 min. = 3.75 ).