Regulations on the obligation to record working hours for all companies
Puigverd Assessors analyzes the regulations on the obligation to record working hours for all companies
19/06/2024
Royal Decree-Law 8/2019, of March 8, established the obligation for all companies to record the daily working hours of their employees, regardless of their size or sector. This measure has as its main objective the control of actual working hours and overtime.
The daily record must include the specific start and end time of each worker's day, without prejudice to existing time flexibility. That is, both the beginning and the end of the day must be recorded, as well as any relevant interruptions or breaks.
Companies can choose the system that best suits their needs to record working hours, as long as it complies with current regulations. The record must be objective and reliable, otherwise it could be presumed that any day that passes between the start time and the end time recorded is a working day and it would be up to the company to prove otherwise.
The record must be available at any time, so they must be and remain physically in the work center or be accessible from it immediately, in order to avoid any possibility of data alteration.
Some of the most common systems include:
In connection with the daily recording of the working day, companies are obliged to annually prepare a work calendar, which must be accessible to all employees, which must be displayed in a visible place in each work center. This calendar must include:
The implementation of this regulation has had a significant impact on the management of companies and the rights of workers. It has allowed greater transparency and control over hours worked, reducing the incidence of unpaid overtime and improving working conditions in general.
However, it has also been a challenge for many companies, especially small and medium-sized ones, which have had to adapt their internal systems and processes to comply with the regulations. Despite these difficulties, the mandatory registration of working hours is considered an important step towards labor equity.
Registration requirements
The daily record must include the specific start and end time of each worker's day, without prejudice to existing time flexibility. That is, both the beginning and the end of the day must be recorded, as well as any relevant interruptions or breaks.
Registry control systems
Companies can choose the system that best suits their needs to record working hours, as long as it complies with current regulations. The record must be objective and reliable, otherwise it could be presumed that any day that passes between the start time and the end time recorded is a working day and it would be up to the company to prove otherwise.The record must be available at any time, so they must be and remain physically in the work center or be accessible from it immediately, in order to avoid any possibility of data alteration.
Some of the most common systems include:
- Manual systems: Record sheets where employees manually write down their entry and exit times.
- Digital systems: Specific applications or software to control the working day, through an App application on the mobile phone, restricted web access, etc., and always with the express authorization of the worker.
- Proximity cards: Employees register their entry and exit using magnetic or proximity cards.
Annual preparation of the work calendar
In connection with the daily recording of the working day, companies are obliged to annually prepare a work calendar, which must be accessible to all employees, which must be displayed in a visible place in each work center. This calendar must include:- Annual working hours: Total number of hours to be worked in the year.
- Working hours: General opening and closing hours of the company, as well as the planned working hours.
- Holidays: All national, regional and local holidays.
- Vacations and breaks: Vacation periods and other days of rest established in an agreement or collectively agreed upon.
Penalties for non-compliance
Failure to comply with the obligation to record working hours may constitute a sanction classified as serious, punishable by up to 6,250 euros. The Labor and Social Security Inspection is the body in charge of ensuring compliance with these regulations and has the authority to impose sanctions if non-compliance is detected.
Impact of Regulations
The implementation of this regulation has had a significant impact on the management of companies and the rights of workers. It has allowed greater transparency and control over hours worked, reducing the incidence of unpaid overtime and improving working conditions in general.However, it has also been a challenge for many companies, especially small and medium-sized ones, which have had to adapt their internal systems and processes to comply with the regulations. Despite these difficulties, the mandatory registration of working hours is considered an important step towards labor equity.