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Get to know the new Time Registration law

The Working Time Act has been amended, meaning a set of new requirements for employees and employers in Danish workplaces. But what does the new time registration law say, and what requirements does it impose? Learn everything you need to know about the new legislation here.

On January 23, 2024, the Danish Parliament passed the Working Time Registration Act in response to a European Court of Justice directive requiring member states to enforce mandatory tracking of working hours to ensure adherence to regulations on daily work, rest periods, and breaks.

The rationale for mandatory registration is, in other words, to ensure employee protection against rule violations and, importantly, to focus on their safety and health.

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Employees must have access to registration

During employment, the law also requires that time registration be accessible to each employee.

At the same time, the employer must securely store the information for five years after the anticipated working period.

GDPR must be updated

The new rules on registration requirements must also be updated in GDPR processes.

Employers must ensure that working time rules align with GDPR processes and data protection rules. This implies that employees’ privacy information must be protected.

Deviation from weekly working time rules

The 48-hour rule, which states that an employee may not work more than 48 hours on average over a reference period of four months.

It can be exceeded for certain employees, allowing up to 60 hours per week over four months. This applies to those in critical societal roles or covered by collective or standby agreements. Employee consent is required for extended hours.

Company must have a time registration policy

All employers must ensure that there is a clear and consistent policy for time registration of working hours in the company.

The policy should include:

 

- Definition of working time

 

- What needs to be recorded (when and where)

 

- Sanctions and control measures

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What does the time registration obligation mean?

Many may be unsure of what working time entails. According to the Working Time Act, it is the period during which an employee is available and performs their tasks.

These include:

  • The total daily working time must be registered – there is therefore no requirement for a specific timeframe during the working day.
  • Employees only need to register deviations from their total agreed working time.
  • Time registration must have an efficient and reliable system. This means that it may be more difficult to remember the daily working hours and ensure reliability if registration only occurs once a month or less frequently.
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Who does the new law apply to – and who is exempt?

As a starting point, all employers and employees in Danish business are subject to the new requirements for time registration. However, there are still a few exceptions.

These include:

  • Self-employed individuals
  • Self-schedulers
  • Administrative directors

Note that employees of self-employed individuals must follow the time registration law, even if the self-employed individual does not need to follow the rules themselves.

Pros and Cons of Time Registration Requirement

The purpose of the new legislation is primarily to ensure the welfare of employees. However, there are both pros and cons to the new time registration law.

Advantages

  • Work/life balance: As an employee, it becomes easier to maintain a good and healthy balance between work and leisure.

     

  • Fewer employees with stress: When working hours are accurately registered, it becomes more difficult to work beyond what one’s health can handle. This can help reduce the risk of stress.

     

  • Transparency: Having access to precise working hours should provide a shortcut to avoid discrepancies regarding overtime and other forms of work beyond the agreed-upon working hours.

Disadvantages

  • Restricted privacy: The meticulous registration time may make some individuals feel surveilled.

     

  • Less flexibility in work: With the requirement to register working hours, there might be less flexibility in scheduling work hours and fewer opportunities for remote work.

     

  • More administrative work: The new requirements also demand new habits and, notably, more administrative work.