Recording working hours: A guide to employer obligations across the EU and UK

The Working Time Directive 2003 (Directive) does not expressly impose specific time recording or record-keeping obligations on employers; however, in 2019 an important European Court of Justice (ECJ) case held that Member States must require employers to establish “objective, reliable, and accessible systems” to measure the duration of time worked each day by each worker. The ramifications of the ECJ judgment are significant and potentially impose onerous recording obligations on employers. To date, not all Member States have fully implemented the necessary requirements; however, others have introduced detailed and extensive obligations. This has led to a lack of consistency and uniformity in employers’ obligations across the EU.

A 2023 report by the European Commission highlighted the challenges that Member States have faced and suggested that legal clarification is also still required regarding the working time status of on-call and standby time.

Against this background, many employers are potentially faced with a complex legal minefield. To address this, they should aim to fully familiarise themselves with the legal landscape in the EU jurisdictions in which they operate. This will facilitate an effective analysis of their current recording practices and an assessment of whether there are any gaps which need to be addressed. Compliance is critical to avoid employee disputes, potentially significant liabilities (including, in some cases, criminal sanctions) and reputational damage.

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