The paper focuses on the special characteristics of working time in the case of telecommuting and in particular, on the problematic of teleworking time measurement. First, it examines two systems for measuring teleworking time, namely based on the quantity of work produced or based on the time the employee is connected to the company’s network. Then, it highlights the need for establishing objective mechanisms for measuring teleworking time. Finally, it analyses the provision of telecommuting outside of formal working hours, which is very common in the digital era and confuses working periods with rest periods. Our conclusions focus firstly on the need for legislative regulation, which will posit and specify the methods of measuring telework time and secondly on the imperative need to safeguard the rights of employees in terms of the protection of privacy and personal data.
Keywords: court of justice, employees’ privacy, employees’ surveillance, rest period, telework, working time, working time directive
