On 14th May 2019 the European Court of Justice decided (Rs. C-55/18 „CCOO“) that the European Union law demands a general obligation to record working time called on for employers. Since the German law does not foresee such obligation so far, the judgement has caused ongoing discussions.
Employees of the IAAEU have participated in these discussions in a number of ways: Immediately after the publication, Dominik Leist commented the judgement with remarks that had been published in the Juris-Praxisreport Arbeitsrecht Nr. 22/2019 as comment 1. An extended investigation about the judgement with regards to its dogmatic backgrounds and the need for implementation into the German law followed and were dealt with by Dr. Thomas Klein and Dominik Leist. Both authors conclude that in order to be compliant with the legal requirements by the European Court of Justice, an adjustment of the German law is necessary. Though there are de lege lata civil right based possibilities for action to implement a system for working time recording for each employee as well as rights for initiative of work councils, both do not suffice to fulfil the union right obligations. The investigation has now been published in the current issue of Zeitschrift für Europäisches Arbeits- und Sozialrecht (ZESAR), issue 9/2019, S. 365-373.
Employees of the IAAEU have participated in these discussions in a number of ways: Immediately after the publication, Dominik Leist commented the judgement with remarks that had been published in the Juris-Praxisreport Arbeitsrecht Nr. 22/2019 as comment 1. An extended investigation about the judgement with regards to its dogmatic backgrounds and the need for implementation into the German law followed and were dealt with by Dr. Thomas Klein and Dominik Leist. Both authors conclude that in order to be compliant with the legal requirements by the European Court of Justice, an adjustment of the German law is necessary. Though there are de lege lata civil right based possibilities for action to implement a system for working time recording for each employee as well as rights for initiative of work councils, both do not suffice to fulfil the union right obligations. The investigation has now been published in the current issue of Zeitschrift für Europäisches Arbeits- und Sozialrecht (ZESAR), issue 9/2019, S. 365-373.
