Recently the Court of Justice of the European Union (CJEU) has
ruled that, in order to comply with the EU Working Time
Directive's (WTD) provisions, employers are obliged to set up a
system for measuring actual daily working time for individual
workers.
CJEU ruling on working time record-keeping
In a case brought by a Spanish trade union, Federación de
Servicios de Comisiones Obreras (CCOO) the CJEU has held
that under the WTD,
Member States are required to impose record-keeping requirements on
staff to ensure the maximum 48 hour weekly working time limit is
not exceeded if an opt-out is not in place and also to ensure
minimum daily and weekly rest breaks are observed.
The CJEU noted
the importance of the fundamental right of workers to daily and
weekly rest periods and limits on maximum hours meaning employers
are obliged to ensure that workers, who are the weaker party in the
employment relationship, actually benefit from these rights.
