The ECJ judgement of May 14, 2019, CCOO/Deutsche Bank (C-55/18), concerning the obligation to carry out a working day register and the horizontal application of instrumental obligations
DOI:
https://doi.org/10.18042/cepc/rdce.64.05Keywords:
Working Time Directive, Social fundamental right to a maximum duration of working time, employer’s obligation to record working time.Abstract
The STJUE issued in Grand Chamber in case C-55/18, on the employer’s obligation to keep a record of the effective working hours of each of the workers, is extremely important, not only for having legitimized the recent reform carried out by the Socialist Government, but for helping to clarify certain specific labor legal categories handled by the ECJ, such as that relating to the principles and rules of social law of “special importance” and, above all, for ratifying the horizontal application of the rights of the Charter of Fundamental Rights of the European Union developed in their content by a specific directive. This commentary therefore examines the Spanish regulatory and judicial context before and after the conclusions of the Advocate General, highlighting the position that the Court will later assume, the reactions to the Spanish regulatory reform and the most relevant issues that can be extracted from the Judgment that legitimizes the essential, but instrumental, corporate obligation to keep a working day register in order to guarantee the health and safety of workers.Published
2019-12-16
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Section
CASE LAW COURT OF JUSTICE OF THE EU
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