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WTR record keeping
[ch 4: page 125]Under the Working Time Regulations, employers must keep records:
• of the names of workers who have opted out of the 48 hour week, with a copy of their opt out agreement;
• to ensure young workers’ working time does not exceed eight hours a day or 40 hours a week and that no young worker works between 10am and 6pm (or between 11pm and 7am if the contract requires them to work after 10pm);
• to ensure that nightworkers’ normal hours do not exceed the eight hour limit; and
• to ensure nightworkers and young workers are offered free health assessments.
Records must be retained for each worker for two years. Employers should also keep records of pregnancy and breastfeeding risk assessments (see page 111).
In Federacion de Servicios de Comisiones Obreros V Deutsche Bank SAE, AG Opinion, 31 January 2019, the Advocat General (AG) of the ECJ has suggested that the Working Time Directive requires member states to impose a legal duty on employers to keep records of individual workers’ actual working time. The ECJ is not required to follow AG Opinions but it usually does. Here is a summary of the case:
A Spanish trade union has applied for a declaration that Deutsche Bank must record their employees’ actual daily working time in order to comply with the Working Time Directive. To date, the bank has used an Absences Calendar that only records absences for full working days (annual leave, sick leave and so on), instead of the actual hours worked on any day. The basis of the AG’s Opinion is that without an obligation to record actual working time, working time rights are significantly weakened.
Federacion de Servicios de Comisiones Obreros V Deutsche Bank SAE (AG Opinion, 31 January 2019)