Employees must exercise caution to avoid committing time theft at work
In the world of work, time theft – knowingly and repeatedly shirking duties or systematically skipping work – is a serious offense under German labor law. According to the Bürgerliches Gesetzbuch (Civil Code), or BGB, an employer can issue immediate dismissal without notice for such violations, but only after a prior warning has been given to the employee [1].
This type of dismissal, supported by law as a response to serious breaches of duty, is considered a just cause if proven. However, the employer must follow strict procedural rules, including notifying the works council (Betriebsrat) in writing and issuing a proper termination letter with a live signature [1].
Time theft falls under the category of fraudulent or malicious behavior against the employer. If an employee deliberately evades work or abuses their paid time, the employer can issue a warning, and if the behavior persists, terminate the employment without a notice period. However, the employer must establish a high standard of proof, and any formal errors or procedural failures may invalidate the dismissal [1].
Private conversations during break time may be tolerated in some companies, but they should be kept to a reasonable amount to avoid potential issues with time theft. Courts consider time theft seriously, taking into account the severity of the theft and the loss of trust. Private tasks during documented work hours can lead to immediate dismissal [1].
Having others punch in and out for you is also considered time theft. Gray areas exist with trust-based working hours and mobile work regarding documenting short breaks and private phone calls. Manipulating electronic devices for recording working hours is also considered time theft [1].
Employees are obligated to provide a certain amount of work, such as 40 hours a week, and must document this correctly. Time theft occurs when employees make false statements about worked hours or deliberately circumvent work hour regulations [1].
A recent case in point is that of a ticket inspector who was dismissed and ordered to reimburse detective costs of around 20,000 euros for performing extensive private tasks during documented work hours [4].
On the other hand, short private conversations during break time, while not considered working time, can contribute to a good atmosphere and better work performance [1]. The legal basis for employees to document their work is primarily the employment contract [1].
It's important to note that no specific reference was found regarding criminal prosecution for time theft in the workplace, indicating that it is primarily treated as a labor law matter rather than a criminal offense [1]. This contrasts with theft of physical or digital property, where criminal law applies if the theft meets defined criteria; however, criminal prosecution of crypto theft faces legal gaps in Germany [2][3].
In conclusion, the German labor law aims to protect companies from serious damage caused by deliberate theft of working time while also safeguarding employees from arbitrary dismissal. It's crucial for employees to understand the implications of time theft and to respect their employment contracts to maintain a healthy and productive work environment.
- In the realm of work, time theft, which includes intentionally shirking duties or systematically skipping work, is often linked to the concept of workplace-wellness and health-and-wellness, as it undermines the productivity and financial health of a business.
- The finance sector, being a vital component of any business, is deeply affected by time theft, as falsifying worked hours or circumventing work hour regulations can have significant financial implications.
- To foster a conducive work environment that promotes science, businesses should strive to uphold fair work practices, ensuring that employees understand the importance of honesty and integrity in the workplace, such as avoiding time theft.
