ECJ: Employers must have an objective, reliable and accessible system to record daily working time

Employers must have an objective, reliable and accessible system to record daily working time.

The ECJ Judgement on the case involving the Federacion de Servicios de Comisiones Obreras and Deutsche Bank SAE determines the obligation to establish an objective, reliable and accessible system to record the working hours, in order to ensure the safety and health of posted workers

Our solution: the A&P WebApp

Arletti&Partners already provides this service to its clients: through the A&P webapp, each posted worker can quickly and easily fill in a daily timesheet in order to comply with the requirements of Directives 96/71 EC and 2014/67 EU regarding the maximum permitted working hours. The A&P webapp is programmed in such a way that the worker, when filling in the timesheet, is warned about the maximum working hours and the minimum resting hours in the country in which he is posted.  The webapp is free of charge for A&P clients, who can thus provide their posted workers with an effective tool in compliance with the obligations of the recent ruling.

The rules on compliance with working conditions abroad

On 14th May 2019, the European Court of Justice ruled that the limitation of maximum working hours is a ‘fundamental right’ of the worker (under Article 31(2) of the Charter of Fundamental Rights of the EU). It also ruled that EU Member States are required to effectively guarantee workers the rights conferred on them, without the practical arrangements for implementing the directive depriving them of those rights.

For this reason, a suitable system to record the daily and weekly working hours is the only ‘objective’, ‘reliable’ and ‘accessible’ means of guaranteeing the protection of these workers’ rights, as provided for in Directive 2003/88 (Articles 3 and 5) and Article 31(2) of the EU Charter of Fundamental Rights.  The European Court of Justice also states that the obligation to record only overtime does not provide an effective and adequate means of guaranteeing the rights to the limitation of maximum working hours and the respect of the minimum daily and weekly resting periods.

Therefore, employers in all EU Member States will be obliged to have an objective, reliable and accessible system to record daily working time.

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