Obligaciones empresariales para el ejercicio efectivo del derecho a la limitación de la jornada de trabajoa propósito de la Sentencia del Tribunal de Justicia de la UE de 14 de mayo de 2019 (Asunto C-55/18)

Abstract

The present study analyzes the need to control the working day in order to achieve an effective limitation of working time. The following reflections refer to the conflict raised in the CJEU Judgment of May 14, 2019, case C-55/18. This is an important resolution of the CJEU that limits the working day in response to the adequate protection of occupational safety and health. In the same way, this comment takes into account the new regulation of art. 34.9 of the Spanish statute for workers (ET), modified by the royal decree-law 8/2019. Said regulatory provision comes to legally accept the business obligation of effective registration of the workday. The express declaration of the obligation of registration of the day, provided for in art. 34.9 of the ET, is based on the European regulation of working time (Directive 2003/88/EC, working time). From this perspective, the business obligation to register the working day has a direct link with the right to health at work and is an instrument to combat possible abuses derived from the flexibility of the organization of working time.