As of today, the new rules on registration of working time enter into force

Starting today, all employees, except self-organizers, must register their working hours. This is a consequence of the Danish Parliament adopting a bill on 23 January 2024 to amend the Working Time Act, which will enter into force on 1 July 2024. The new rules imply, among other things, that the daily working time must be registered. However, certain employees – the so-called self-organizers – can be exempted from the time registration requirement. Employers should therefore prepare a time registration policy in order to create clarity about the procedures for time registration in the specific company.

The rules on working time registration mean that employers are obliged to implement an objective, reliable and accessible working time registration system, making it possible to measure the individual employee’s daily working time. The purpose of measuring employees’ daily working time is to ensure that employees get their daily and weekly rest periods and to ensure that the rule of a maximum weekly working time is observed.

The rules on rest periods can be found in the Working Environment Act and the Executive Order on Hours of Rest, which contain rules on the right to a daily rest period of 11 hours and on a weekly day off. In addition, the Working Time Act contains rules on maximum weekly working hours (the 48-hour rule), night work and daily breaks. The 48-hour rule means that an employee may work a maximum of 48 hours per week on average calculated over a period of 4 months.

Employers enjoy a notable free choice of method in connection with the implementation of a time registration system. However, the employer must ensure that the registration data is stored for five years, and that the employees can access their own registration data.

Alongside the introduction of the time registration requirement, an exemption has also been introduced, which means that certain employees – the so-called self-organizers – can be exempted from the requirement to register their daily working time. The conditions for being exempt as a self-organizer are that the duration of working hours due to special features of the work performed cannot measured or determined in advance, or if the employee can determine it himself, and that the employee can either make independent decisions or have managerial functions. If an employee is deemed to meet the above conditions, it must also be stated directly in the employment contract that the employee enjoys the status of a self-organizer.

Mette Klingsten Law Firm advises all types of employers on time registration and has developed a comprehensive concept – the time registration package – which prepares employers for the new rules. The time registration package includes, among other things, a time registration policy, assessment of self-organizer status, supplements to employment contracts, information material for employees, etc. The package can be adjusted according to size and needs. Contact Mette Klingsten Law Firm for further information about the time registration package.