Since the ECJ ruling on compulsory time recording published in May 2019, all employers in EU member states are obliged to record the working hours of their employees in full (Case C-55/18). It does not matter whether overtime or undertime has been worked. Whether a simple Excel spreadsheet or digital time recording software is used is up to each employer.
Frequently asked questions regarding the ruling:
Does this ruling affect you?
Yes, if you are an entrepreneur or employee of a company.
Are small businesses also affected?
Yes, the European Court of Justice does not leave any exceptions open here.
What must be covered?
The employer must prove that the requirements of the working time laws are complied with. This means that it must be documented when the employee starts work, when he starts and ends his break and when he finishes work. Pure overtime is no longer sufficient.
Is a digital time recording system necessary?
As noted above, it is up to the employer whether to use a digital system or a simple Excel spreadsheet. The only important thing to remember is that simple written proof from employees that no overtime has been accrued is not enough.
Many small businesses in particular worry that such a system is too complicated and too costly. But this does not have to be the case!
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