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ARTICLE · 11 JULY 2019

Is It Mandatory For Employers To Record Working Time?

The CJEU (May 14, 2019 – C-55/18) ruled that the Working Time Directive (2003/88/EC) effectively forces companies to implement a system for recording working time.

GermanyEmployment and HR

The facts

As part of a dispute with a Spanish trade union, the Spanish subsidiary of a German financial institution had raised the question of whether the company needed to have a system for recording employees' working hours. It was undisputed that such a system did not exist. This was due to the fact that, according to the company, Spanish law did not provide for a general obligation to record working time. According to the trade union, this was incorrect, as local provisions would have to be interpreted in the light of the Working Time Directive. Accordingly, the company would be obligated to implement a working time recording system.

The decision

The Court of Justice of the European Union ruled in favor of the trade union.

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