Marginal employment is characterized by two main characteristics: On the one hand, the working hours are usually significantly lower than in full-time employment, and on the other hand, the monthly income from marginal employment may not exceed €475.86 (as of 2021) – so far, so well-known. But what labor law provisions apply here? And do working hours actually have to be recorded? We have summarized the answers.
Labour Law Regulations & Time Recording
From the point of view of labour law, marginally employed persons are treated in the same way as part-time or full-time employees. This applies, among other things, to vacation entitlement, continued payment of remuneration in the event of illness, care leave, special payments as well as reasons and deadlines for dismissal. This also expressly applies to the obligation to record working hours. Like any other employee, marginal employees are also obliged to keep records of daily and weekly working hours, breaks and rest periods. It doesn’t matter whether they do this themselves or it is done by the company – as long as there is complete and correct documentation.
The supposed conclusion that precise recording of working hours would be unnecessary for employees who only work once a week, for example, is therefore wrong – and also dangerous. If gaps or false records come to light during an audit, employers face penalties of up to four-digit amounts.
If you have any questions, please do not hesitate to contact us!
Heartily
Your Coredat team
