Recording of working time
The employer has a duty to protect the health and personality of his employees. In particular, it is the employer's duty to ensure that employees do not exceed the legal limits of the working week, that they take their breaks and that they have sufficient rest time. Otherwise, in case of an accident or burnout, the employer may be held liable.
Recording of working time
In order to control the working time of his or her employees, the employer is obliged to record a certain amount of information such as working hours, overtime and rest days in certain cases. The purpose of this data is to enable the labor inspectorate to verify that the time framework of the Labor Law is being respected.
In practice, managers have a certain amount of autonomy in terms of working hours and work the hours that are necessary for the smooth running of the company. Many of them do not stamp their breaks or overtime.
In view of this discrepancy between law and practice, the legislator has tried to simplify things. Relief is possible! There are three applicable regimes: classic registration, simplified registration and waiver of registration.
The simplified registration allows the employer to register only the daily working hours. However, it is subject to numerous conditions. These include the need for a collective employment contract and the requirement for a certain degree of autonomy in the scheduling of employees.
Waiver of registration
Under this system, the employer is no longer obliged to register the working time. This is a special regime that can, depending on the circumstances, affect the health and personal life of overzealous employees who accumulate overtime.
For this reason, only a specific category of employees can legally waive the recording of working hours. Moreover, such a waiver is subject to various conditions, including the amount of the salary and the employees' autonomy with regard to working hours. Furthermore, it is only possible if it is provided for in a collective employment contract.
It is out of the question for a secretary who works fixed hours to give up the recording of working hours!
High managerial positions
Senior executives are not subject to the Labor Act. They have to work all the hours necessary for the smooth running of the company without any restrictions on their working time. Thus, the provisions on rest periods and breaks do not apply to them.
As a result, the employer is not obliged to record their working hours, without them having to expressly waive them. But beware! Not all executives are in senior managerial positions.
Generally, employees appreciate being able to work from home and save themselves long commutes. However, sloppiness and abuse are never far away. Some employees take advantage of the opportunity to spend quality time with their families and make up for lost time in the evenings or on weekends. Without the cues provided by co-workers, it is also easy for employees to forget to take their breaks or work overtime.
Out of sight, out of mind? No! Employers are still required to keep track of their employees' working hours. He or she will have to make sure that his or her employees benefit from their rest time and that they do not work at night or on Sundays without authorization.