Do Employers Need to Record Working Time? The Court of Justice Gives Guidance in Confederación Sindical de Comisiones Obreras (CCOO) v. Deutsche Bank SAE

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2019 4(2), 663-667 | European Forum Highlight of 8 July 2019 | (Abstract) In Confederación Sindical de Comisiones Obreras (CCOO) v. Deutsche Bank SAE (Court of Justice, judgment of 14 May 2019, case C-55/18, CCOO), the Court of Justice held that Member States must introduce a system which requires employers to keep a record of actual daily working time in order to ensure the effectiveness of the rights provided for in the Working Time Directive 2003/88 and Art. 31, para. 2, of the Charter of Fundamental Rights. On the face of it, the Court's judgment in this case gives a straightforward answer to a straightforward question. Yet, the case also leaves a number of questions unanswered in relation to effective enforcement, the economics of the decision, and the implications for employers' control over workers' working time.

Keywords

• working time
• rest breaks
• health and safety
• charter
• record-keeping
• control