Legislation guide
Measuring working time. What the CJEU decided in 2019.
The ruling in case C-55/18 explained briefly, with what it means in practice for an employer in Romania.
In short
- Date: 14 May 2019, Grand Chamber of the Court of Justice of the European Union.
- Case: C-55/18, CCOO v Deutsche Bank SAE, a preliminary reference from Spain.
- Conclusion: employers must have an objective, reliable and accessible system for measuring daily working time.
- Member States set the specific form, taking into account the sector and the size of the company.
What the case was about
A Spanish trade union asked that Deutsche Bank record its employees’ daily working time, so that compliance with working hours and overtime could be checked. The Spanish court asked the Court of Justice whether EU law requires such a system.
What the Court decided
The Court interpreted Directive 2003/88/EC on working time, Directive 89/391/EEC on safety and health at work and Article 31(2) of the Charter of Fundamental Rights of the EU. Its conclusion: Member States must require employers to set up an objective, reliable and accessible system that measures the duration of the daily working time of each worker.
Without such a system, the number of hours worked, how they are distributed over time and overtime cannot be established objectively, and workers’ rights to rest and to a maximum working time become hard to verify.
What it means for an employer in Romania
In Romania, Article 119 of the Labour Code already requires a record of hours worked each day, with start and end times. The CJEU ruling adds three useful criteria for judging any system:
- Objective: the data comes from real clock-ins, not estimates.
- Reliable: the data cannot be changed without a trace.
- Accessible: the employee, the employer and the authorities can consult the record.
Sources
- Judgment of the Court (Grand Chamber) of 14 May 2019, case C-55/18, curia.europa.eu
- Directive 2003/88/EC concerning certain aspects of the organisation of working time
- Law no. 53/2003, the Labour Code, Article 119
Frequently asked questions.
Does the CJEU ruling apply directly in Romania?
The ruling interprets EU law, which national courts and authorities apply. In Romania, the obligation to keep records is in any case set out in Article 119 of the Labour Code.
Does paper-based time tracking comply with the ruling?
It can, if it is kept correctly and daily. In practice, an electronic system meets the criteria of objectivity, reliability and accessibility more easily.
The Creasoft solution
An objective, reliable and accessible system.
Creasoft electronic time tracking records real clock-ins, keeps the history of corrections and provides reports for employees, HR and inspections.