What does the law say about employee time tracking?

Published on
November 27, 2023
What does the law say about employee time tracking?

In France, companies are legally required to track and record the working hours of their employees. Employers must be able to justify work hours to authorities and allow employees to access their own time records at any time. However, the law does not require a specific tracking method. Employers can choose between paper logs, physical time clocks, software tools, or mobile apps. The key requirement is to ensure accuracy and transparency.

Is time tracking mandatory in companies?

Yes, tracking employee hours is mandatory, but the method used is up to the employer. Historically, companies used paper time sheets to track hours worked. With the introduction of punch clocks, it became easier to record arrivals and departures.

Modern solutions include digital time clocks and mobile time tracking apps, which automate data collection and improve accuracy. These technologies emerged to simplify tracking when regulations like the 35-hour workweek and RTT days were introduced.

Which employees are covered by time tracking laws?

All employees are covered, regardless of contract type (full-time, part-time, fixed-term, etc.). Employers must track actual working hours and respect employee rights regarding data collection and privacy.

With the 35-hour workweek and related regulations, companies had to adopt more precise systems. Digital and mobile time tracking solutions became essential, ensuring compliance while making time tracking more flexible for employees.

Controlling working hours and workplace access

Companies are also required to know who is present on-site at any given time. This is part of workplace safety regulations. However, any access control system (including time clocks) must comply with GDPR and CNIL guidelines to protect employee rights.

To assist businesses, CNIL provides a free guide explaining legal obligations and helping companies choose compliant time tracking solutions.

GDPR compliance and employee data protection

Since May 25, 2018, GDPR has required companies to protect employee data collected through time tracking systems. Employees have the right to know what data is collected, how it is used, and who can access it.

For digital time clocks, this usually includes:

  • Arrival and departure times
  • Employee identity
  • Date and time of each entry

The data can only be accessed by authorised personnel (usually HR) and must not be used to monitor employee movements within the workplace.

How long can time tracking data be stored?

  • General time tracking data can be kept for up to 3 months.
  • Data used to calculate payroll or track absences can be kept for 5 years.

Who manages time tracking in companies?

The employer is legally responsible for ensuring accurate time tracking. However, the employer can delegate this responsibility to qualified employees, usually in the HR or payroll department.

These staff members are responsible for:

  • Recording on-site work
  • Recording remote work (telecommuting)
  • Tracking off-site client visits
  • Managing paid leave and other absences
  • Calculating overtime and compensatory rest

Employee consultation and transparency

Before introducing a new time tracking system, employee representatives (such as the CSE) must be consulted. This ensures the system:

  • Respects employee rights
  • Complies with GDPR
  • Provides fair access to data

The employer must also inform all employees about the system before it is implemented. Employees cannot refuse to use a legal time tracking system unless it violates GDPR or involves biometric tracking (which is illegal unless required for high-security areas).

Advantages and drawbacks for employees

While some employees see time tracking as intrusive, the law actually protects them. Accurate time records ensure:

  • Maximum working hours are respected
  • Overtime is properly tracked and paid
  • Part-time workers receive correct complementary hours
  • Paid leave, RTT, and compensatory rest are properly recorded

Employees in special situations

  • Night workers, part-time staff, and employees on call: These employees must also be tracked to ensure compliance with specific rules about their work hours and rest periods.
  • Salaried managers on a ‘day-rate’ contract: Even though these employees are not paid by the hour, their working days must still be tracked to ensure compliance with their annual workdays quota.
  • Remote workers and employees on business trips: Digital time tracking apps allow these employees to clock in and out remotely, ensuring their work hours are tracked equally to those working on-site.

Travel time to client locations counts as working time and must be recorded appropriately. Employees should clock in before leaving the company premises.