What does the Working Time Directive say?
The Working Time Directive (Directive 2003/88/EC) is a European law that sets minimum standards for organising working time to protect the health and safety of workers. It outlines rules for maximum working hours, daily and weekly rest periods, breaks, night work, and annual leave.
What does this directive say about time registration?
The directive does not explicitly require time registration, but it does mandate that member states take measures to ensure compliance with rest and working time regulations. However, the Court of Justice has clarified in two rulings that an objective, reliable, and accessible system for time registration is necessary.
What does the Court of Justice say?
In the CCOO ruling of May 14, 2019, the court stated that member states must implement an objective, reliable, and accessible system to record the daily working hours of each employee. This is essential for effectively enforcing the maximum working time and minimum rest periods as outlined in the directive.
This principle was reaffirmed in the Loredas ruling of December 19, 2024. The Court stated in this ruling that the registration obligation applies to all employees, without exception. This includes, for example, domestic helpers. Member states may establish different methods for specific sectors, as long as the system remains objective, reliable, and accessible.
What does this mean for Belgium?
As a result of this ruling, most European countries have introduced legally mandatory working time registration, but Belgium has not yet done so. To comply with the rules of the directive and the rulings of the Court of Justice, mandatory time registration will now also be implemented in our country.
In advice 2462 from the National Labour Council regarding, among other things, the extension of voluntary overtime, the absence of a time registration system was once again raised by the workers' organisations. The government has taken note of this advice and has decided, within the framework of the budget agreement, to make the registration of working time mandatory.
Time registration in what form?
The exact method for implementing this registration is still unclear. The only requirement is that it must be an objective, reliable, and efficient system for recording the working time of each employee.
What does Securex do for you?
Securex will support you in selecting the right time registration tool for your company. As soon as there is more clarity about the details of this obligation, we will update you on this.
