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ECJ rule duration of daily working time and rest breaks must be recorded

Makbool Javaid

In Federación de Servicios de Comisiones Obreras v Deutsche Bank SAE, a Spanish trade union sought a judgment by the ECJ that Deutsche Bank is under an obligation to set up a system for recording the time worked each day by its members of staff to ensure compliance with working time rules. The Court noted the importance of the right of every worker to a limitation on the maximum number of working hours and to daily and weekly rest periods required by the Working Time Directive (WTD). Member States must therefore require employers to set up an objective, reliable and accessible system enabling the duration of time worked each day by each worker to be measured. In the UK, under Regulation 9 of the Working Time Regulations 1998 (WTR), employers are only currently required to keep adequate records showing compliance with weekly working time limits and night shift work limits/rules, but there is no requirement to keep records of ‘normal’ daily working time and daily/weekly rest periods. This ruling suggests that the UK’s WTR do not comply with the WTD and has implications for employers who are not recording daily hours worked and timings of rest breaks.

The updates are kindly provided by Simons Muirhead & Burton Law firm

This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and help judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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