Germany - New requirements for time recording

On 14 May 2019, the European Court of Justice (“ECJ”) issued a ruling in Case C-55/18 with significant implications for all companies. Member States will have to require employers to set up an objective, reliable and accessible system to measure the daily working time of each employee. Already, concerns are being raised that the widely practised trust-based working time will be abolished and/or that this heralds the end of working time flexibility. In view of the increasingly agile working world, the decision seems at first glance to be a step backwards. Is there a threat of a return to the previous systems of time clocks?

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