Trust-based Working Hours

Trust-based working hours

Definition and Purpose of Trust-based Working Hours

Trust-based working hours refer to a working time model in which the recording and monitoring of hours worked are largely left to the employees’ own sense of responsibility. In contrast to rigid regulations—such as fixed start and end times or time tracking systems—what primarily counts in trust-based working hours is the work result and the targeted fulfillment of tasks. Attendance is not monitored to the minute. The purpose of this model is to promote personal responsibility, give employees flexibility in organizing their own time, and adapt work organization to modern requirements.

Role in Law Firm Work Organization

Typical Areas of Application

Trust-based working hours are used especially in law firms where the nature of tasks allows flexible and results-oriented work. This includes, above all, handling files, preparing briefs, or conducting research. Presence during certain core hours is often necessary, for example for team meetings or client consultations, while the remaining working time can be individually arranged.

Functions and Methods

Within clearly defined parameters, employees are given the freedom to determine the start, end, and scope of their daily work themselves, as long as the agreed tasks and goals are achieved. Methods of implementation can vary, including:

• Core working hours: Time periods during which all employees should be reachable.
• Flexible working hours: Flexible scheduling outside of core hours.
• Project and target agreements: Focus on results rather than time spent.

Framework Conditions and Standards

Technical Requirements

For trust-based working hours to operate smoothly, certain technical requirements are necessary:

• Digital communication: Email, phone, video conferences, or collaboration platforms ensure accessibility and cooperation.
• Mobile working: Access to files and work materials via secure cloud systems or VPN connections enables location-independent work.
• Project management tools: Digital tools facilitate task allocation, progress monitoring, and documentation.

Organizational Processes

• Transparent task distribution: Clear definition of tasks, responsibilities, and deadlines.
• Regular coordination: Weekly or daily team updates promote information exchange and coordination.
• Confidentiality: Special security measures protect sensitive data and client information.

Effects on Collaboration, Efficiency, and Communication

Trust-based working hours help strengthen team spirit, as they are based on mutual trust. This self-directed working style leads to high motivation. Flexibility can improve work-life balance, thereby increasing employee satisfaction in the long term.

Efficiency benefits because the emphasis is on task fulfillment rather than rigid time requirements. At the same time, this model requires a good culture of communication: regular exchanges and clear goals and performance requirements are crucial to ensure effective teamwork.

Opportunities and Challenges in Practical Application

Opportunities

• Autonomy: Employees learn to organize themselves independently and responsibly.
• Flexibility: Individual needs can be addressed more effectively.
• Attractiveness: Modern working models appeal to qualified young professionals.
• Engagement and motivation: Greater autonomy in working hours increases satisfaction.

Challenges

• Self-discipline: Personal responsibility requires good time management.
• Transparency: Without centralized time recording, control is based on goals and results.
• Availability: Arrangements must be well organized to ensure reliable collaboration.
• Boundaries: Risk of self-overload and blurring between work and leisure time.

Practical Examples of Use in Day-to-Day Firm Work

• Flexible daily scheduling: An employee begins working from home in the morning and continues in the law firm’s office in the afternoon after a personal appointment.
• Project-based work: Between deadlines, workload can be individually adjusted and distributed across several days, as long as agreed deadlines are met.
• Core working hours model: During a specific time window, all team members are available, otherwise working hours can be freely scheduled.

Frequently Asked Questions (FAQ)

Does trust-based working time mean there is no need to document working hours at all?

Usually, exact minute-by-minute time tracking is not required. However, statutory regulations (for example on maximum daily working hours or break rules) may impose different documentation requirements.

How is it ensured that tasks are completed on time?

Clear target agreements, regular coordination, and transparent communication ensure that work processes and deadlines are met.

Are there also fixed times when attendance is required?

Core working hours are often agreed upon, during which all employees must be available for meetings or client contact.

What happens in case of sudden absence from work (e.g., illness)?

General rules for reporting illness also apply under trust-based working hours. Informing the team and cooperatively arranging for substitutes are important for smooth workflow.

Who decides on the introduction of trust-based working hours?

Introduction is usually decided by firm management in consultation with employees. The individual needs of the staff and the organizational options are taken into account.

This article provides a comprehensive overview of what trust-based working hours mean in the law firm environment, what opportunities and challenges are associated with it, and how this model contributes to a modern, flexible, and efficient way of working.

Frequently Asked Questions

Must working hours be documented under trust-based working hours?

Even with a trust-based working hours model, there is a legal obligation to record working time. This arises from the Working Hours Act (§ 16 para. 2 ArbZG) as well as the case law of the European Court of Justice (ECJ, Judgment of May 14, 2019, Case C-55/18) and the Federal Labor Court (BAG, Decision of 13.09.2022, Case 1 ABR 22/21). Thus, employers are required to implement an objective, reliable, and accessible system that records the daily hours worked. This obligation exists regardless of whether working hours are set by fixed requirements or can be arranged freely within trust-based working hours. The organization of time tracking is the employer’s responsibility but may be delegated to employees. Failure to record working time can have employment and administrative consequences for the employer.

Can overtime be claimed under trust-based working hours?

Claiming overtime is legally possible under trust-based working hours as long as it was ordered, tolerated, or at least required to fulfill contractually agreed tasks. The principles for compensating overtime continue to apply (see § 612 BGB). If overtime is not claimed within three months after it arises, it may lapse due to contractual exclusion periods. It is up to the employee to prove the order or toleration as well as the amount of overtime, for which proper documentation of working hours is essential. Without coherent records, successful claims become more difficult.

Can employers conduct checks under the trust-based working hours model?

Legally, the employer’s right to issue instructions and monitor is fully retained, even under trust-based working hours (§ 106 GewO). This means the employer can, in particular, check compliance with legal regulations on working hours, such as daily maximum working hours, break regulations, and minimum rest periods. The employer is even obliged to do so under their duty of care and for compliance with statutory working time regulations. In practice, checks may, for example, be carried out on a random or cause-related basis, whereby employees’ rights to informational self-determination and data protection (especially under the GDPR and BDSG) must always be respected.

How does trust-based working time affect vacation entitlement?

The statutory minimum vacation entitlement (§ 3 BUrlG) applies regardless of the form of working hours. Usual regulations for calculating and applying for leave also apply under trust-based working hours. What matters is what is agreed as the company’s standard work week. The employer is obliged to enable employees to actually take leave, even if no presence time is tracked. Notification of leave periods and documentation of leave granted remain legally required.

What legal risks does trust-based working hours entail for employers?

The model especially poses the risk that requirements under working time law (e.g. maximum working hours, break regulations, rest periods) are not fulfilled, leading to violations of the Working Hours Act. In cases where recording of working hours is missing or incomplete, employers face fines under § 22 ArbZG. Claims for damages can also arise, for example if employees’ health is harmed as a result of exceeding permissible working hours. Furthermore, there is a liability risk if the works council—if one exists—is not properly involved (§ 87 para. 1 nos. 2 and 3 BetrVG), since introducing or materially changing trust-based working hours is subject to co-determination.

Must the works council be involved when introducing or changing trust-based working hours?

Yes, in accordance with § 87 para. 1 no. 2 and no. 3 BetrVG, the works council has a mandatory co-determination right on questions of working hours’ scheduling and distribution as well as on the introduction of time recording systems. Any agreement on trust-based working hours, as well as the design and technical implementation of working time tracking, requires the participation and consent of the works council. Violation of this can render the adopted regulations invalid and lead to injunction or decision procedures. Works council involvement also protects employees’ interests regarding occupational safety and health protection.