What counts as employee monitoring?
Broadly, anything that captures how a person worked rather than how long. Screenshots at intervals, keystroke or mouse counts, application activity scored into a productivity percentage, and location tracking during working hours all fall on that side of the line.
Recording that a person worked four hours on a client project does not. The distinction is between measuring output attribution and measuring behaviour, and European labour law treats the two very differently.
The grey area is automatic activity capture, which starts as a convenience — reconstructing a forgotten day — and becomes monitoring the moment the employer can see the underlying log. Timeular keeps that log local for exactly this reason.
What does co-determination require?
In Germany, works councils have co-determination rights over the introduction of technical systems capable of monitoring employee behaviour or performance. Austria and several other member states have comparable provisions. The threshold is capability, not intent: a system that could monitor is in scope even if you do not use it that way.
In practice that means agreeing the purpose, what is captured, who can see it and how long it is retained, before rollout. A tool that simply cannot capture behaviour is far easier to agree, which is a practical procurement argument rather than an ideological one.
This is a summary rather than legal advice — involve your works council and your counsel early, because retrofitting an agreement after deployment is considerably harder.
How do you introduce time tracking without a fight?
State the purpose plainly and narrowly: billing clients, meeting the statutory recording duty, or understanding project profitability. Vague purposes invite the assumption that the real purpose is surveillance.
Show what is captured and what is not, ideally by demonstrating the tool rather than describing it. A tracker with no screenshot feature makes that demonstration short.
Agree retention and access up front — who can see an individual’s entries, and for how long they are kept. And be consistent: a policy that exempts management is read, correctly, as an assessment tool rather than a record-keeping one.