That in the absence of such a system, it is not possible to determine objectively and reliably either the number of hours worked by the worker and when that work was done, or the number of hours worked beyond normal working hours, as overtime. In a Spanish case in which the Trade Union Confederation of Workers’ Commissions (CCOO) criticised Deutsche Bank for not having set up a system for recording the hours worked each day by employees, the Court of Justice stressed that employers must set up a system to record the hours of work of their employees. Overview Obligation to record working time European Parliament and Council of the EU: Annex to Council Directive 2014/112/EU of 19 December 2014 implementing the European Agreement concerning certain aspects of the organisation of working time in inland waterway transport, concluded by the European Barge Union (EBU), the European Skippers Organisation (ESO) and the European Transport Workers' Federation (ETF).European Parliament and Council of the EU: Directive 2002/15/EC of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities. ![]() ![]() Both directives expressly set out a requirement to record the working time of workers covered by those provisions. European Parliament and Council of the EU: Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working timeĪlthough the obligation to record working hours is not explicitly included in Directive 2003/88/EC, it is found in certain specific provisions of EU law relating to the transport sector, such as Article 9(b) of Directive 2002/15/EC of 11 March 2002 and paragraph 12 of the Annex to Council Directive 2014/112/EU of 19 December 2014.Court of Justice of the EU: Judgment of, Case C-55/18, CCOO v.The registration of working hours, according to the Court of Justice of the EU, is ‘a system enabling the duration of time worked each day by each worker to be measured in order to ensure effective compliance with maximum weekly working time and minimum daily and weekly rest periods’, as required by the Working Time Directive.
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