Time Tracking Mandatory for Domestic Workers (CJEU)

A ruling that changes the rules

On December 19, 2024, the Court of Justice of the EU issued a ruling that affects thousands of Spanish households: the Loredas case (C-531/23).

The verdict: Time tracking is mandatory for domestic workers as well.

What did Spanish law say?

Royal Decree 1620/2011, which regulates domestic service employment relationships, exempted households from keeping time records.

This exemption was based on the particularities of domestic work:

• It takes place in the private sphere of the home
• The “employers” are families, not professionals
• Schedule flexibility is common

What does the Court of Justice of the EU say?

The TSJ of the Basque Country raised a preliminary question and the CJEU responded forcefully:

Legislation or administrative practice that does not establish the obligation to set up a system enabling the working time completed by domestic workers to be measured is contrary to Directive 2003/88 (arts. 3, 5 and 6) and to Directive 89/391 (art. 4, paragraph 1).

In other words: Spain was violating European law by exempting households from time tracking.

Practical consequences

For household employers

1. They must keep records of the employee’s entry and exit
2. Any format is valid (app, notebook, signed sheet)
3. Without records, the employee has evidentiary advantage if claiming overtime

For domestic workers

1. They can demand that their working hours be recorded
2. If there are no records and they claim overtime, courts will presume in their favor
3. Greater protection against schedule abuse

The origin case: Loredas

A domestic worker sued her employers claiming overtime and salary differences.

The trial court considered that the claims were not proven because employers were not required to keep time records.

The TSJ of the Basque Country questioned whether this exemption was compatible with European law and asked the CJEU.

Result: The CJEU ruled in favor of the worker.

What should households do now?

Option 1: Manual record

A notebook where the employee notes:

• Entry time
• Exit time
• Daily signature

Problem: It can be lost, deteriorated, or manipulated.

Option 2: Simple digital record

An app where the employee clocks in from their phone:

• Geolocated (optional)
• With traceability
• Accessible to both parties

Advantage: Complies with CJEU standards and protects the employer against claims.

Are there penalties for households?

Currently, Labor Inspection rarely acts against household employers on time tracking issues.

However, the real risk lies in legal claims:

• Employee suing for overtime
• No records = presumption in favor of the employee
• Judgments of thousands of euros

Conclusion

The Loredas ruling leaves no room for doubt: all employers, including households, must track their workers’ hours.

The good news: doing so is very simple with the right tools. Cleverfy offers a simple and accessible solution for all types of employers.

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Sources: CJEU December 19, 2024 (C-531/23, Loredas), RD 1620/2011, Directive 2003/88/EC