Working time registers for domestic workers
FEB 4, 2025
Spain is required to adopt the necessary measures to ensure daily/weekly rest periods, maximum working hours, and paid annual leave (Articles 3, 5, and 6 of EU Directive 2003/88 and Article 31.2 of the Charter of Fundamental Rights of the European Union), including the employer’s obligation to establish a working time record (CJEU judgment of 14/05/19). It is not possible to provide for an exception to this obligation for domestic employers, as: (i) it would render the obligation meaningless since no alternative means are proposed to guarantee these rights; and (ii) it would constitute indirect discrimination because (a) domestic workers are predominantly women, and (b) there is no objective factor that justifies such differential treatment in pursuit of a higher legitimate public interest. CJEU 12/19/2024
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