The Ministry of Labour is currently preparing new regulations on working time recording. The goal in implementing the ruling of the European Court of Justice, however, would be not to turn everything “upside down”, according to Federal Labour Minister Heil.

In May 2019, the Luxembourg judges had ruled in a Spanish case that employers would have to set up a system for recording the daily working time of employees. According to the ruling, the legislator is obliged to amend the German working time law because it does not comply with the requirements of the EU Working Time Directive, as specified by the ECJ. Since then, the scope and consequences of the ruling have been the subject of controversy – also within the German federal government.

The Director of the Institute for Labour Law und Social Security Law at the University of Bonn, Georg Thüsing, considers it wrong to leave the implementation of the ECJ ruling solely to the courts.

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