The obligation to record working hours is no longer merely a formal requirement but has become a key element in managing working time and preventing labor disputes. The need for objective and reliable recording systems takes on particular importance in light of disputes over overtime and the difficulty of proving the hours actually worked.
Supreme Court Ruling No. 372/2026, dated April 15, marks a turning point by clarifying the evidentiary consequences of the absence of proper time records. As Noé Fau, a labor lawyer, comments to Legal Today: “The Supreme Court avoids an automatic presumption in favor of the claim,” although he cautions that “the lack of a record places the company in a weaker evidentiary position.” Our expert emphasizes that “this doctrine seeks to balance the positions of the employer and the employee, distinguishing between cases where there is no fixed schedule and those where the workday follows a stable pattern.”
Fau emphasizes that the recording of working hours “should not be viewed as a mere formal obligation, but rather as a tool for prevention and legal certainty. A properly designed and implemented system can have decisive evidentiary value in the event of a dispute.” He adds: “The implementation of a rigorous system for recording working hours significantly reduces the scope for disputes regarding working hours.”
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