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COURT OF JUSTICE OF THE EUROPEAN UNION: IT IS OBLIGATORY TO TRACK WORKING TIME OF ALL EMPLOYEES

On the 14th May 2019, Court of Justice of the European Union (hereinafter - CJEU) has adopted a decision in the case No. C-55/18, which establishes the Employer‘s obligation to track duration of the daily working time of all Employees by introducing appropriate control system.


It is stated that the national legislation, which does not impose an obligation on the Employers to establish a system for calculating the working time of each Employee is prohibited.

CJEU decision is based on such essential arguments:

·         in the absence of a working time control system for all Employees, it is not possible to objectively and reliably determine the number of hours worked by the Employee and their placement as well as the number of hours worked over the normal working hours, i.e. overtime;

·         calculation of only overtime does not guarantee that the maximum weekly working time norm has not been exceeded and does not ensure that the minimum daily and weekly rest requirements are respected.

More information regarding aforementioned decision might be found in the link below:

http://curia.europa.eu/juris/document/document.jsf;jsessionid=74308364DD457B621E114DADADDE3A6A?text=&docid=214043&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=5967439


REGULATION IN LITHUANIA AND RECOMMENDATIONS FOR THE EMPLOYERS


The obligation to track working time of the Employees is established in the Article 120 of the Labour Code of the Republic of Lithuania. According to the currently valid regulation, the Employer is not obligated to handle working time accounting of the Employees whose working day and weekly working hours remain immutable.


However, according to the decision adopted by the CJEU, Member States should change the legal regulation that does not comply with EU legislation. Accordingly, we note that Lithuania should also initiate legislative changes by providing the obligation to control daily working time of all Employees.


We kindly remind you that Leinonen team consists of Legal and Tax Advisors, as well as Accounting Consultants. We are specialists having many years of experience in payroll accounting and legal issues, therefore Leinonen team can help you prepare the necessary documents and advise you on payroll accounting or labor law issues either in case of changes of legislation, either in case you make a decision to keep track of all Employees work time accounting without any exceptions.


Information above was prepared by Leinonen Lithuania Legal Team.



20.06.19


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Živilė Mikolaitienė

Živilė Mikolaitienė

Senior Legal Advisor

Mobile: +370 656 73318

Email: zivile.mikolaitiene(at)leinonen.lt

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