Working Time Recording: What the ECJ Ruling Means for Companies

The ECJ Ruling: Obligation to Record Working Hours

In May 2019, the European Court of Justice (ECJ) issued a landmark ruling (Case C-55/18): All EU member states must require employers to set up a system to measure the daily working time of their employees. This made it clear that trust-based working time without any documentation is no longer permissible in the EU.

The ruling refers to the EU Working Time Directive (2003/88/EC) and the EU Charter of Fundamental Rights. The key message: Without an objective, reliable, and accessible system for recording working hours, neither maximum working hours nor rest periods can be effectively monitored.

What Does This Mean for Companies?

Following the ECJ ruling, many EU member states have begun implementing national legislation to enforce systematic working time recording. The core requirements are consistent across the EU:

• Start, end, and duration of daily working hours must be recorded
• The recording must be objective and reliable
• The data must be accessible, meaning it must be available to employees upon request
• Breaks and rest periods must be documented in a traceable manner

The specific implementation is left to employers. Handwritten notes are theoretically possible but are neither reliable nor efficient in practice.

What Risks Exist for Non-Compliance?

Companies that fail to introduce working time recording face several consequences:

• Fines: Violations of working time regulations can result in significant penalties
• Burden of proof: In disputes over overtime, the burden of proof falls on the employer if no documentation exists
• Works council conflicts: The works council has an initiative right regarding the introduction and design of time recording
• Liability risks: Lack of documentation can lead to liability in cases of workplace accidents or working time violations

How Companies Can Implement the Obligation Efficiently

The good news: Implementation doesn't have to be a complex IT project. Modern time tracking tools can be integrated into existing work environments without installing new software or training employees.

For companies already using Microsoft Teams, an integrated solution is ideal. timeghost Time Tracking works directly within Teams and enables:

• Check-in/check-out with one click directly in the Teams app
• Automatic recording of Teams calls and Outlook appointments
• Break documentation in accordance with legal requirements
• Overtime calculation based on configured working time models
• Export and reporting for payroll and the works council

Trust-Based Working Time and Time Recording: Not a Contradiction

A common misconception: Time recording does not mean the end of trust-based working time. The ECJ ruling requires documentation of working hours, not the restriction of flexible working models.

Employees can continue to work flexibly, organise their working time freely, and work from different locations. Recording simply ensures that legal maximum working hours and rest periods are observed — protecting both employees and employers.

Conclusion: Act Now Rather Than Wait

The obligation to record working hours is not a future prospect — it already applies. Companies that have not yet introduced a system should act promptly. The sooner a reliable system is in place, the lower the risk and the smoother the transition.

With a solution like timeghost Time Tracking, the legal requirement can be implemented in minutes without disrupting the workday. The effort for employees: one click.

Sources and further information

• CJEU, Judgment of 14 May 2019, Case C-55/18 (CCOO v Deutsche Bank)
• German Federal Labour Court (BAG), Decision of 13 September 2022, Ref. 1 ABR 22/21
• EU Working Time Directive 2003/88/EC
• German Working Hours Act (ArbZG), in particular §§ 3, 5, 16
• Work time tracking with timeghost Time Tracking

This article is for general information purposes only and does not constitute legal advice. For a binding legal assessment, please consult a specialised lawyer. Content created with AI assistance and editorially reviewed. Current as of April 2026.