Workers should exercise caution when engaging in time theft during their employment
In the world of trust-based working hours and mobile work, there can be gray areas regarding documenting short breaks or private calls. However, a recent case heard by the Cologne Higher Labor Court serves as a stark reminder to employees about the potential consequences of time theft.
Time theft, which involves knowingly making false statements about the hours worked or deliberately circumventing work time regulations, can lead to serious repercussions. This includes immediate dismissal without notice, as stipulated by Section 626 of the German Civil Code (BGB).
The case in question involved a ticket inspector who was found to have performed extensive private tasks during documented working hours. The court upheld the immediate dismissal of the employee, underscoring the importance of honesty and adherence to work regulations for employees to maintain their employment and avoid financial penalties.
The scope, frequency, and company regulations play a significant role in determining whether short breaks or private calls during work hours constitute time theft. In many companies, private conversations during break times are generally accepted, contributing to a good work atmosphere and better performance. However, when these activities encroach upon documented working hours, they can lead to severe consequences, including immediate dismissal and financial penalties.
Employees are obligated to provide a certain amount of work, for example, 40 hours per week, which they must perform and document correctly. Manipulating electronic devices for recording working hours or having others clock in and out for you is also considered time theft.
Courts consider the context and extent of the time theft when making decisions about penalties and consequences. In this case, the employee was also ordered to reimburse the detective costs of around 20,000 euros incurred by the employer for monitoring and proving time theft.
The legal basis for employees documenting their work is primarily the employment contract. Small deceptions can be relevant in labor law if they shake the trust relationship between employer and employee. Extensive private tasks during documented working hours can significantly damage this trust relationship.
In summary, the legal consequences for employees caught committing time theft in Germany can be severe, including summary dismissal without notice after a warning, grounded in established procedural safeguards and formal requirements under German labor laws. Employers may rely on Section 626 BGB to enforce immediate termination, provided they establish a high standard of proof. The process includes giving the employee an opportunity to be heard and notifying the Betriebsrat, ensuring protection for both the employee’s rights and the company’s interests.
Businesses and workplaces prioritize employee health and wellness, incorporating workplace-wellness programs to boost productivity and morale. However, any act of time theft, such as falsifying work hours or circumventing work time regulations, negatively impacts health-and-wellness and can lead to repercussions, including immediate dismissal and financial penalties as stated in Section 626 of the German Civil Code (BGB).
In the case of time theft, the severity of penalties depends on the extent and frequency of the actions, with increasing private activities encroaching upon documented working hours leading to more severe consequences. Mishandling and manipulating electronic devices to falsify work hours also falls under the category of time theft.
Employees must understand and adhere to their responsibilities to document their work accurately, as trust is vital in maintaining employment, avoiding legal complications, and staying within the boundaries of business and science in a trust-based working environment.
