Russia / Ukraine related
sanctions – implications
With a judgment from 2019, the ECJ had clearly set the direction: From the Working Hours Directive in conjunction with Art. 31 of the Charter of Fundamental Rights of the European Union (CFR), there is the obligation of the Member States to ensure that employers introduce an “objective, reliable and accessible system that can be used to measure the daily working hours worked by employees”; this follows from the right of employees to effective health protection and compliance with the legally prescribed (weekly and daily) maximum working hours. However, the ECJ had not set a specific deadline for the Member States.
Over three full years, the requirements of the ECJ then remained without any significant practical consequences, with a few exceptions that we will present below on a country-specific basis. And it was probably generally assumed that legislative intervention would be required for the practical implementation of the judgment. However, the German Federal Labour Court has now taken the ball directly and formulated directly from existing law specific obligations incumbent on the employer even without legislative measures.
Dear Sir or Madam,
on the occasion of the upcoming Christmas, we wish you peace and quiet, regeneration and many magical moments spent with your loved ones and for the whole coming year - optimism, energy for action, joy, satisfaction, fulfilment, and above all good health, the SDZLEGAL SCHINDHELM team.
On Tuesday, November 29, 2022, Schindhelm attorney Marcel Brinkmann (Shanghai, Taicang) together with further selected representatives of the German business community met in Shanghai for a business round table with former German Minister and China expert Rudolf Scharping to discuss the current situation of German companies in China as well as future challenges and opportunities for German investments in the Chinese market.
The applicable e-commerce policy is over 20 years old. That is why the European Union launched a regulatory package for online platforms a few years ago.
In Hungary, the employer's obligation to keep records of working and rest periods is anchored in the Labour Code. Pursuant to Article § 134, the employer registers the duration of ordinary and extraordinary working hours, on-call duty days and holidays. The records must also provide an up-to-date overview of the start and end of regular and extraordinary working hours as well as the on-call times.
Under Turkish law, the employer is obliged to record and document the daily working hours of the employees with the help of suitable means. However, it was not determined by law exactly how the recording of working hours must be carried out. As mentioned, recording and documentation with the help of suitable means is sufficient.