Unos conocimientos jurídicos sobresalientes no nos bastan. Queremos que tenga éxito y que alcance sus objetivos. Para nosotros, un servicio excelente significa resultados creativos, prácticos y con sentido económico, adaptados a sus necesidades y que le ayuden a seguir avanzando. Nuestros especialistas están continuamente ampliando sus conocimientos y desarrollando nuevas ideas y métodos de solución de problemas. Por eso prestamos especial atención a los obstáculos empresariales que se le puedan presentar
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.
Based on its wording, German law only provides for the recording of working hours in certain cases. However, the Federal Labour Court (decision of 13/09/2022) has decided that there is a general obligation to record working hours (i.e. start and end of daily working hours and thus their duration including overtime). In the absence of express legal standardisation of such an obligation, the court derives this from an “EU law-compliant interpretation” of § 3 para. 2 no. 1 ArbSchG (Arbeitsschutzgesetz [Occupational Health and Safety Act]).
The time recording regulations in Bulgarian labour law apply to the corresponding deviations from the regular 40 hours week. The Labour Code stipulates that when working remotely, the accounting for working hours on the part of the employees must be defined in the employment contract or in the company's internal rules.