Recording Working Hours: requirements across the European Union

The Working Time Directive 2003 (Directive) contains no time recording or record keeping obligations per se but requires Member States to take measures necessary to ensure that workers are entitled to their Directive rights to rest breaks, rest periods, annual leave and limits on working hours.

The Commission’s report of March 2023 on the implementation of the Directive shows that, in most Member States, employers are obliged to monitor and record working time and that the majority of the EU Member States are generally compliant with the Directive’s requirements. However, the report also points out that the challenges of responding to the European Court of Justice’s case law on the recording of working time have not been addressed widely.

Moreover, it identifies that the majority of Member States have not correctly implemented certain requirements as well as highlighting that some have not yet implemented the necessary recording obligations at all. Against this background, employers should review their time recording practices. For employers taking this proactive approach, practical steps to consider will include:

• Assessing how an effective system of recording can be implemented across the business to measure rest periods and working time to ensure limits are properly observed.
• Exploring the various technologies that could be used to assist recording.
• Considering how monitoring could work for employees who work flexibly or from home.
• Assessing how recording can be undertaken in light of Bring Your Own Device practices.
• Considering the interaction of any recording system with data privacy/GDPR obligations.
• Considering the need for the engagement of employees and/or employee representatives in determining revised or new systems.

Concrete next steps for an employer to take will depend on the laws already in place in each Member State in which the business operates. Our helpful guide allows clients to look at the applicable laws for multiple jurisdictions at a time and gain an overall view of the current status of recording obligations across the EU.