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Four years have just passed since the implementation of mandatory working time registration. In Spain, the working day register has been mandatory since May 12, 2019, according to Royal Decree Law 8/2019. This regulation establishes that all companies must keep a daily record of the working day of their employees, regardless of their category or type of contract.

The main purpose of this measure is to ensure compliance with working day limits, minimum breaks and overtime, as well as to protect workers’ rights.

Below, we provide you with some relevant information on working time registration in Spain:

Obligation to record: All companies must keep a daily record of the working day of each employee, both full-time and part-time.

Content of the record: The working day record must include the start and end time of each employee’s working day, as well as the rest intervals or breaks taken.

Modes of recording: Companies have a certain flexibility to establish the system for recording the working day that best suits their needs. It can be in physical format (time sheets, time clock, etc.) or digital (electronic timekeeping systems).

Access to the record: Both employees and workers’ legal representatives have the right to access the time record for consultation.

Retention of records: Time records must be kept for a minimum period of 4 years. Companies must guarantee the integrity and confidentiality of the recorded data.

Labor inspections: The Labor and Social Security Inspectorate may carry out inspections to verify compliance with the time recording regulations. In case of non-compliance, penalties of €7,500 may be imposed on companies.

It is important to note that the exact specifications may vary depending on the circumstances and collective agreements of each company.

If you have specific doubts regarding the recording of working hours in your particular case, we recommend that you consult with our team of lawyers and advisors specialized in labor law.

Cigarrán Lawyers continues to be at the disposal of its clients, attending to their needs in these and other matters. info@cigarran.com — Tel. (+34) 91 355 85 15

Author:

Manuel Ábalos - Cigarrán Abogados

Manuel Ábalos

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