Minimum Wage Act (MiLoG)- Obligation to record working hours
The provisions of the Minimum Wage Act (MiLoG) have been applicable since 1 January 2015. This results in additional mandatory documentation and monitoring obligations for employers, which relate in particular to the documentation of working hours for students and research assistants. A computerised template for recording working hours has been created for this purpose and can be downloaded below.
Please note the following:
| 1. SHK, WHB and WHK in the mini-job sector: There is a general, statutory obligation to keep records for this group of people. 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: 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, delegation of the recording is possible. The IT-supported template must be used for recording working hours. |
3. storage: The working time records are to be collected by the management of the Dean's Offices, academic institutions and operating units |
| 4. maximum overtime: Within one 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. |
| 5. 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. |
| 6. 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 the calculation of holiday entitlements can be found here). For the calculation of working hours, 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 hours. |
Templates for recording working hours in accordance with MiLoG
(Kopie 2)
Note: 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 ).