§2 Recording of working time

In order to ensure effectiveness of the rights enshrined in Articles 3, 5 and 6(b) of the Working Time Directive, the Member States must require employers to set up ‘an objective, reliable and accessible system enabling the duration of time worked each day by each worker to be measured’ (127) (128). Nonetheless, Member States have discretion to determine the specific arrangements for implementing such a system. In particular they have the right to decide the form that it must take, having regard, as necessary, to the particular characteristics of each sector of activity concerned, or the specific characteristics of certain undertakings concerning, inter alia, their size (129). There is one exception to this rule. If on account of the specific characteristics of the activity concerned where the duration of the working time is not measured and/or predetermined or can be determined by the workers themselves a Member State may derogate from Articles 3 to 6 of the Working Time Directive and does not have to set up a system of recording of working time for that activity (130).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07