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Global Compliance Desk – Spain
Registration of Work Hours
The Government of Pedro Sánchez has introduced a labor reform to modify the Workers’ Statute and recognize their right to know the real length of their working day, as well as their schedule and distribution.
The Royal Decree-Law 8/2019, of March 8, 2019, on urgent social protection measures and the fight against precarious work during the working day, which is effective from May 12, 2019, modifies Article 34 of the Workers’ Statute Law by adding the following obligations wherein, an employer is required:
- To ensure the timekeeping for a day should include specific start and end times of the workday of each working person, subject to flexible working hours established.
- To organize and document the timekeeping records- including the specific time of entry and exit of each worker, which is established either by the collective bargaining agreement, company agreement or work rules.
- To keep such records for a period of 4 years and have them available to the workers, their legal representatives and the Labor and Social Security Inspectorate.
To ensure compliance with this new obligation, the decree also includes a modification of an article of the Law of Infractions and Sanctions in the Social Order, which awards a sanction to those companies that fail to comply. If there is a breach in the hourly record of the employees which happens for documentary reasons, a fine of between 60 and 625 euros and in case of non-compliance in the matter of working hours the fine would be from 626 euros to 6,250 euros.
The Ministry of Labor has published an official guide on the registration of working hours. It calls for self-regulation, through collective bargaining or company agreements. The guide validates any system or medium, in paper or telematic support, capable of fulfilling the legal objective that is, providing reliable, unmodifiable and non-manipulable information. Please find below the press release and guide to Registration of Working Time (Espanol).
Edited by: Shreya Bhattacharya
