The European court of justice (ECJ) in Luxembourg has obliged employers in the EU to record the working hours of their employees in a systematic and complete Az: C-55/18) (. What lies behind the ECJ ruling, and what are the potential consequences of the judge’s decision for the German labour market?

All of the questions in the Overview: What exactly is the ECJ has decided? Who was complaining?
What is the cause? How is the legal situation in Germany so far? So there is no unpaid Overtime anymore? What is the response of the trade unions? And the employer? What are the difficulties that can arise from the implementation? What, exactly, the ECJ has decided?

The judges in Luxembourg were the guarantors within the meaning of the EU working time Directive and the Charter of fundamental rights of the European Union. Thus, the daily working time must be recorded in their entirety. Only in this way could check whether or not permissible work would have exceeded the times stated in the judgment. The member States of the EU are asked to commit to enterprises an objective, reliable and accessible time and attendance system. How the individual countries, the shape is up to you: It should be allowed, to the specifics of a sector of activity, and “peculiarities of certain companies”. So, for example, the size of a company could be considered in the decision for a detection system. As a time and attendance system can be used as a time clock, such as an Excel spreadsheet or an App.

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Who was it?

The Spanish trade Union CCOO was against the German Bank in Spain dragged before the court. The workers ‘ representatives demanded that a System to record the total working time. They argued that the number of Overtime hours can only be determined correctly if the entire working time is documented. Currently, 53.7 percent of the Overtime in Spain would not be captured in the first place. The National court in Madrid has brought the dispute before the ECJ.

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What is the cause?

in the opinion of the judges at the ECJ-making strengthens a comprehensive time, the rights of workers. With a System for working time recording the number of hours worked, their temporal distribution and the number of Overtime could be determined objectively and reliably. Because Employees were in a work relationship, the weaker party, be it for workers without an Instrument-making “is extremely difficult or even practically impossible to enforce their rights,” argued the court. With time tracking, however, workers could prove easier if their rights were being violated.

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How is the legal situation in Germany so far?

In Germany there is no General duty for time and attendance. The paragraph 16 of the working time act stipulates that only Overtime work in excess of the daily working time must be documented. There are, however, collective bargaining agreements, which commit a company to a time and attendance, and farms, which have even opted for such a System. In General, the following applies: Employees are allowed to work 48 hours per week. Each day must be adhered to eleven hours at a stretch, once-a-week Pause of 24 hours is required.

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so there Is no unpaid Overtime anymore?

. And that Overtime must be recorded, initially has no effect on how the additional working hours to deal. Employers continue to have the possibility of more work as a volunteer. The Overtime need not be paid or compensated.

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what is the response of the trade unions?

The German trade Union Federation (DGB) is in favour of the decision of the ECJ. The Executive Board of the DGB, it was said: “The court pushes the flat rate work, it has a bar – right.” The trade Union Federation criticised the fact that the rights of workers in Germany were often limited, if there is no means for time recording. The number of unpaid Overtime hours in Germany is unacceptably high, and get “a wage and time theft.”

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And the employer?

Less: The Confederation of German employers ‘ associations (BDA) said the decision of the ECJ, acting as from the time like: “We employers are opposed to the General re-introduction of the time clock in the 21st century. Century. To the requirements of the world of work 4.0 you can’t respond with a working version 1.0.”

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What are the difficulties that can arise from the implementation?

The ECJ ruling, to capture time complete. In some Professions, it is not narrow, but not so easy, clearly, what counts as work: when begins, for example, for a scientist to think about weeks and months about a Problem, the hours of work? How can time be will, in the professional contacts and networks, cared for, valued? The DGB proposes this Definition: “Everything that I do, in order to satisfy the business interest of my employer, is work and to be recognised as such.” A uniform, legally binding definition does not exist yet but.

And also dealing with flexible working times could be a hurdle, at Least for the classic time clock you have in the home office with no access. The Bundesverband Deutsche Startups, warned: “The flexibility, the demand of workers themselves, is limited by such requirements.” For companies, the requirement for time recording is also an additional bureaucratic burden.

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