The Employer's Duty To Record Working Hours

EU law lays down rules regarding working hours of an employee such as the maximum working hours per week, minimum rest times and the maximum overtime hours, which are all enforceable by Member States (MSs) through local employment legislation. Nevertheless, ambiguities do arise in the duty of employers to keep an objective, reliable and accessible record of the hours which each employee works.

The Duty to Keep an Objective, Reliable and Accessible Record of Hours Worked

Maltese legislation imposes the duty to keep records of working hours by virtue of The Transparent and Predictable Working Conditions Regulations (S.L. 452.126 of the Laws of Malta) under article 9, which states that employers are to keep a record of the hours worked and daily and weekly rest periods of all of their employees. This reflects what is stated in article 22 of the EU Directive 2003/88/EC, concerning certain aspects of the organisation of working time, and which imposes a duty on