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A new ruling from the European Court of Justice [ECJ] has been announced. A case was taken to the Court where the company [Deutsche Bank] was not recording the hours worked of certain staff and therefore the Union claimed that staff were working more than the weekly limits prescribed in directives. This view of the ECJ was that the employer should have been recording working hours to demonstrate that the staff did not work more time than the weekly limits that are prescribed in the directive on working time. As they did not the claim succeeded.
In Ireland, the Organisation of Working Time Act, 1997, sets out the requirement to record hours worked, breaks etc. It is advisable that this extends to all staff including office based staff. As you are aware, early years services are required as part of their Tulsa compliance to show break times for rostered staff and the cover that is available during the break periods. A Workplace Relations Commission [WRC] inspection would also look to see record of hours worked and breaks for staff.
Employers should ensure that all employees record their start and finish times and break times. The development of policies on responding to calls/emails in the evening or weekends and working from home is advisable.
Watch this space for further developments in this area.