Monitor Prawa Pracy

no. 2/2025

Timesheet obligation of home-based workers in the light of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organization of working time

DOI: 10.32027/MOPR.25.2.10
Monika Sowińska-Olek
Adiunkt w Katedrze Prawa Pracy, Ubezpieczeń Społecznych i Polityki Społecznej, Wydział Prawa i Administracji, Uniwersytet Łódzki; radca prawny
Abstract

The purpose of the present article is to address issues related to the interpretation of the provisions of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organization of working time. In its judgment of 19 December 2024, issued in case C-531/23, the Court of Justice of the European Union indicates how Articles 3, 5, and 6 of the aforementioned directive should be interpreted in the context of the obligation for employers hiring home-based workers to measure the working time performed by them. In the course of its considerations, the Court of Justice of the European Union also analyses the concept of indirect discrimination under Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation.

Keywords
working time, timesheet, home-based workers, indirect discrimination