The impact of the Loredas ruling on working time recording in the context of domestic work. A technical-legal analysis of the CJEU judgment of December 19, 2024 (C-531/23, Loredas)

Abstract

The CJEU Judgment of December 19, 2024 (C-531/23), Loredas, responds to a preliminary ruling request submitted by the High Court of Justice of the Basque Country concerning Spanish regulations on working time registration in domestic employment. The case arose after a domestic worker, following her dismissal, filed a lawsuit challenging the unfairness of her dismissal, claiming unpaid overtime hours and unused vacation days. During the trial, the worker alleged that she had worked significantly more hours than agreed but was unable to prove them, as Royal Decree 1620/2011 exempts domestic employers from the obligation to record working hours.
In this context, the CJEU concludes that such an exemption is incompatible with Directive 2003/88/EC and the Charter of Fundamental Rights of the EU, as it deprives workers of an objective system for monitoring working time, thereby violating their rights to rest periods and working time limitations. Consequently, the judgment underscores the necessity of establishing a working time registration system in this sector.