Worktime setup7/21/2023 The CJEU’s judgment notes that EU law requires that Member States ensure that maximum working time and minimum rest periods are observed and it states that the only way to ensure compliance with a maximum duration of weekly working time and rest periods is to record working time. In its milestone judgment, the CJEU has held that, to comply with EU law, EU Member States must oblige employers by law to set up a system for recording the time worked each day by each worker. The National High Court questioned whether the Spanish law was consistent with EU law and asked the CJEU for a preliminary ruling. However, the union argued that the obligation to set up a recording system for the time worked each day not only derived from national law but also from EU law (the Charter of Fundamental Rights of the EU and the Working Time Directive). According to the union, it was necessary to know precisely the hours worked and therefore to register the number of ‘normal’ hours worked to determine whether any overtime had been performed.ĭeutsche Bank argued that Spanish law, as interpreted by the Spanish Supreme Court, only required the employer to record overtime work (not ‘normal’ working time). The Spanish workers were indeed facing problems in proving the overtime hours they had worked. The case brought before the CJEU was a Spanish case.Ī Spanish union introduced an action against Deutsche Bank before the National High Court of Spain seeking a judgment declaring the bank to be under an obligation to set up a system for recording the time worked each day by the bank’s employees. Such a recording system must be objective, reliable and accessible, but it is up to the Member States to define the specific arrangements for implementing such a system and its particular form. ![]() ![]() In its recent judgment of, the Court of Justice of the European Union (CJEU) has held that EU Member States must oblige employers to set up a working time recording system for recording the time worked each day by each worker.
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