ECJ judgment on timekeeping
EU Member States have a duty to legislate for the establishment of effective systems for timekeeping
By judgment of 14 May 2019 in Federación de Servicios de Comisiones Oberas v Deutsche Bank SAE, C-55/18, the European Court of Justice ruled that Member States are required to legislate on the establishment of effective time recording systems. Only time recording protects workers from the dangers to their safety and health guaranteed by the Charter of Fundamental Rights.
What does this mean for employers?
Even if the Working Time Directive applies directly in Germany, the decision does not oblige national employers to record (only) overtime, which was previously regulated by law, cf. § 16 Abs. ArbZG. This also applies after today's judgment.
It remains to be seen which "objective, reliable and accessible" systems the German legislature will impose.
A link to the press release of the ECJ can be found at https://curia.europa.eu/jcms/upload/docs/application/pdf/2019-05/cp190061de.pdf
By judgment of 14 May 2019 in Federación de Servicios de Comisiones Oberas v Deutsche Bank SAE, C-55/18, the European Court of Justice ruled that Member States are required to legislate on the establishment of effective time recording systems. Only time recording protects workers from the dangers to their safety and health guaranteed by the Charter of Fundamental Rights.
What does this mean for employers?
Even if the Working Time Directive applies directly in Germany, the decision does not oblige national employers to record (only) overtime, which was previously regulated by law, cf. § 16 Abs. ArbZG. This also applies after today's judgment.
It remains to be seen which "objective, reliable and accessible" systems the German legislature will impose.
A link to the press release of the ECJ can be found at https://curia.europa.eu/jcms/upload/docs/application/pdf/2019-05/cp190061de.pdf