The ECJ holds that employers must have a system for recording daily working time of all workers under the Working Time Directive.
In the case of Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE, the ECJ stipulated that employers without a time-recording system in place were not able to accurately record and monitor whether employees are receiving their fundamental right to daily/weekly rest periods and ensuring that the maximum working weekly hours are also not being exceeded.
The ECJ has held that under the Working Time Directive (WTD) that member states are required to put in place some form of a system that monitors and measures actual daily working for individual workers to ensure the maximum 48 hours weekly working time limit is not exceeded (if an opt-out agreement is not in place).
In order for employers (private and public) now to be compliant with the Working Time Director, a time-recording system should be in place to ensure all workers daily working hours are being recorded.
It is too soon to comment on what impact this decision under the Directive will have on the Working Time Regulations but it is recommended that UK employers start thinking about what time recording systems they currently have in place but we predict that change is imminent.