There can be various reasons why employees work minus hours despite having agreed working hours. And it is precisely these reasons that influence how work that is not completed on time may be handled. The Northwind HR team has compiled answers to the question of what applies to minus hours in the workplace here.
Causes of minus hours are decisive
First and foremost, there are no legal regulations in labour law on how many minus hours are permitted or prohibited in the workplace. This means that the employment contract or collective labour agreement basically stipulates the number of working hours.
However, the legislator regulates a decisive requirement in Section 615 of the German Civil Code (BGB). It states that employers are obliged to provide sufficient work for employees to fulfil. If the company is unable to do so, this unproductive time cannot be charged to the employees. Consequently, the employer must pay full wages or salary in the event of a lack of orders despite any minus hours.
The situation is slightly different if employees cause their minus hours themselves, for example by exceeding their breaks or shortening their working hours by coming in later or leaving earlier. In this case, however, the onus is on the employer to provide evidence.
Invalid and valid regulations for minus hours
In order to record minus hours at the workplace, a working time account is required, which is known to many as a ‘time clock’. If the employee clocks in at the start of work and clocks out at the end of work using a time card, this time data is recorded electronically. However, there is also a restriction here. Employers may only set up working time accounts if the employees have agreed to this.
If an employee now accumulates demonstrable and self-inflicted minus hours, the employer can demand that this is made up or demand financial compensation following a dismissal.
The following also applies to minus hours at the workplace:
- Public holidays may not be counted as minus hours
- Absence due to illness does not cause minus hours
- Minus hours may not be offset against holidays
In order to avoid ambiguities or disputes, it is advisable to contractually stipulate the minus hours accepted by the employer and the period of compensation. The same applies to overtime or how many hours worked in excess or in shortfall may be carried over into the following year.
If you have any further questions about minus hours in the workplace or the correct preparation of payslips, we will be happy to help you!