The ruling handed down on 14 May 2019 by the CJEU on the requirement to record daily working times (c.f. article No. 11127) has sparked a backlash in Germany for which there are several reasons. Not least among them is the fact that many working time models that have been negotiated within the co-determination framework actually depend heavily on ‘very flexible’ time recording even to extent of there being no system operating at all. The court ruling is now calling all these models into question, something which could also end up with a great number of unpaid overtime hours having to be better taken into account. In addition, the whole issue of lightening the bureaucratic burden on businesses has been thrown up into the air. In summary, the court’s decision has put back onto the agenda the need for a thorough overhaul of the law on working time.
Trade unions wholly satisfied. In a ruling handed down on 14 May 2019 the CJEU believed that every worker has the right to work within a maximum working threshold, and that the right to daily and weekly rest periods not only constituted a social right but also a fundament EU right. As a result all EU Member States must require companies to install systems that can measure effective daily working times. It is up to the companies to choose how they apply the decision (c.f. article No. 11127)....
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