Employer’s Failure to Record Working Time Proved Decisive in Wage Dispute
In a ruling dated July 22, 2026, the Danish Disputes Board considered the significance of an employer’s failure to record working time or provide a time-recording system.
An Objective, Reliable, and Accessible Time-Recording System
On July 1, 2024, an amendment to the Danish Act on the Implementation of Certain Provisions of the Working Time Directive entered into force. Since then, employers have been required to implement an objective, reliable, and accessible time-recording system that makes it possible to measure the daily working hours of each individual employee.
Apprentice’s Own Time Records Accepted as Evidence
The case arose in connection with the termination of an apprenticeship agreement between an apprentice and a company. Following the termination, 3F, on behalf of the apprentice, brought a claim for payment against the company, which included a claim for overtime pay.
The parties disagreed about the amount of time the apprentice had actually worked. The apprentice had continuously recorded their working hours in their own notes, while the company had not made any corresponding records. The company disputed the apprentice’s calculation, arguing that the amount of alleged overtime was unrealistic and that the records were unreliable.
The Danish Disputes Board found that the apprentice’s own time records should be accepted as the basis for determining the working hours. The apprentice’s account of the work was considered credible and was supported by statements from two former apprentices.
Littler Comments
The ruling highlights the evidentiary risks that may arise for an employer that has not implemented a time-recording system and therefore cannot document employees’ working hours.
An employer involved in a dispute concerning working time that is unable to produce records of working hours may therefore have difficulty demonstrating that an employee’s own information about their working hours is inaccurate. In such cases, the employee’s own time records may be accepted as evidence, as was the case here.
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Questions regarding this article and the applicable legal framework may be directed to Attorney and Partner Bo Enevold Uhrenfeldt.
Disclaimer: The above is for informational purposes only and does not constitute, and cannot replace, legal advice.
Bo Enevold Uhrenfeldt
Attorney & Partner
+45 44 14 30 90
