Labor inspection regulations

Keep track of your employees' working hours and comply with current regulations.

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What do the regulations say about time control?

Article 34.9 of the Workers' Statute (as amended by Royal Decree Law 8/2019, of March 8, on urgent measures for social protection and the fight against precarious working hours) provides that:

  • The company shall guarantee the daily record of the working day, which shall include the specific start and end times of the working day of each worker, without prejudice to the flexible working hours established in this article.

  • The company must keep the records of the working day control for four years.

  • The reports must remain at the disposal of the workers, their legal representatives and the Labor and Social Security Inspectorate.

Which employees are required to clock in?

Time registration applies to all workers, whether they are "mobile" workers, commercial, temporary, remote workers or in any other situation.

However, there are three professional categories that are exempt from time registration:

  • Relationships of a special nature: senior management personnel, domestic employees, professional athletes, inmates in prisons and institutions, performers in public shows, disabled workers in special employment centers and lawyers working in law firms.

  • Workers subject to specific regulations: those workers whose function is road transport, members of the merchant navy and workers who perform cross-border services by train.

  • Self-employed workers or workers associated with cooperatives.

What means can be used to record the day?

The standard does not establish a specific modality; it merely states that any system capable of providing reliable, unmodifiable information that cannot be manipulated a posteriori, either by the employer or by the employee himself, will be valid.

Some supports may be:

  • Paper-based record books: the most classic method. They are completed by hand, so they must be recorded in person, do not allow any type of automation and therefore involve higher management costs.

  • Excel spreadsheets: the digital evolution of paper records. They are easy to implement, but have many drawbacks, especially if we have to work with large templates.

  • 100% digital time and attendance software: they are accessible through a website and/or an app. These systems are quick to implement, easy to maintain, flexible and provide reliable information.

What are the consequences of non-compliance with the timekeeping obligation?

This is a serious infringement with a fine, in its minimum degree, of 626 - 1,250 euros; in its medium degree of 1,251 - 3,125 euros; and in its maximum degree of 3,126 - 6,250 euros.

Do you want to sign up to use the time and attendance software for free?

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