We have already shared a lot of content on the new law regarding time registration, which is the result of a verdict made by the European Court of Justice. The verdict states that all employees across the EU have the right to limitation of working hours and to rest periods. Since the verdict, which was made in 2019, we have waited eagerly to see what requirements the law would entail.
TL;DRDenmark's new mandatory time registration law, adopted by the Folketing in January 2024 and effective from July 1, 2024, requires all employers to implement objective, reliable, and accessible systems for recording employee working hours. The law is a direct result of a 2019 European Court of Justice ruling protecting workers' rights to rest periods and maximum working hour limits.
On the 23rd of January the Danish Folketing adopted a new EU directive, which is a result of the verdict. The directive states that companies need to implement obejctive, reliable and accessible systems for time registration. Information regarding employees’ working hours have to be accessible for both the employer and employees for 5 years.
The new law will come into force on the 1st of July 2024. From this point on all companies must ensure that they have implemented an approved time registration system. It is up to the companies to decide exactly what system they want to use, as long as it fulfills the requirements of being objective, reliable and accessible. The system must ensure that the following rules for rest periods and limitation of weekly working hours are respected:
At Visma Acubiz, we can guide you in how you as a company can meet the new legal requirements as best as possible. Contact us to discuss the possibilities.
Frequently Asked Questions
When does Denmark's new mandatory time registration law take effect?
The law comes into force on July 1, 2024. From this date, all Danish companies must have an approved time registration system in place that is objective, reliable, and accessible to both employer and employees.
What working time rules must the new time registration system enforce?
The system must ensure compliance with three rules: employees may not work more than an average of 48 hours per week over four months, employees are entitled to at least 11 consecutive hours of rest per day, and employees are entitled to at least one day off per week.
How long must time registration records be retained under the new Danish law?
Information about employee working hours must be retained and accessible to both employer and employees for five years. This means the time registration system must support secure, long-term data storage with appropriate access controls.
Can companies choose any time registration system or does it need to be approved?
Companies can choose their own system, but it must meet the legal requirements of being objective, reliable, and accessible. There is no single mandated system, but any solution used must demonstrably fulfill these criteria to be compliant.
What was the legal basis for the new Danish time registration requirement?
The law is the implementation of an EU directive resulting from a 2019 European Court of Justice ruling. The ruling was triggered by a 2017 lawsuit in Spain against Deutsche Bank and determined that EU member states must require employers to record employees' actual daily working hours to protect rest period rights.