The Legal Basis for Mandatory Time Tracking in the EU
The 2019 CJEU ruling enforces the EU Working Time Directive, which protects employee rights to limited working hours, minimum rest, and fair overtime pay. Employers must:
- Record start/end times and breaks.
- Keep records for a minimum retention period set by national law.
- Provide employees and inspectors with easy access to these records.
Under the General Data Protection Regulation (GDPR), time data is personal data, so it must be stored securely, with access controls and deletion after the legal retention period.
Why EU Countries Require Time Tracking
Mandatory employee time tracking ensures:
- Prevention of excessive working hours.
- Compliance with state and federal minimum wage and overtime laws.
- Proof in disputes over hours or pay.
- Transparency and protection against wage theft claims.
Country-Specific Rules and Retention Periods
Spain
Requirement: Daily record of start/end times for all employees.
Retention: 4 years.
Penalties: Fines from ~€626.
Germany
Requirement: Recording all working hours.
Retention: ~2 years.
Penalties: Up to €30,000.
Netherlands
Requirement: Track hours, breaks, leave.
Retention: ≥52 weeks.
Penalties: Earnings >3× minimum wage.
France
Requirement: Record hours worked, especially part-time and overtime.
Retention: Tied to payroll/labor rules.
United Kingdom (non-EU)
Requirement: Records proving compliance with working hours laws.
Retention: ≥2 years.
Penalties for Non-Compliance
Consequences vary but can include:
- Fines from hundreds to tens of thousands of euros.
- Orders to correct violations.
- Legal claims from employees.
What a Compliant System Looks Like
A compliant mandatory time tracking setup should:
- Record start/end times and breaks accurately.
- Store data per national retention rules.
- Be accessible to employees and inspectors.
- Prevent tampering.
- Meet GDPR security and privacy standards.
How WebWork Helps You Stay Compliant
WebWork Time Tracker simplifies compliance with mandatory time tracking laws across EU countries. With WebWork, you can:
Whether you operate in Spain, Germany, or multiple EU countries, WebWork ensures you’re always prepared for compliance checks.
Final Thoughts
Mandatory time tracking in the EU protects both employees and employers. Understanding the EU-wide rule and each country’s specifics is essential to avoid fines and maintain fair work practices.
With WebWork Time Tracker, you can implement a compliant, efficient, and employee-friendly system that works seamlessly across borders.