The measure introduced by the Royal Decree-Law 8/2019 obliges companies to register “day by day” the working hours of the employees.
The past 12th of May, 2019, as a consequence of the Royal Decree-Law 8/2019, on urgent measures of social protection and fight against job precariousness in the working day, the obligation for the companies to record the working hours of their employees came into force. The record must include the specific schedule of commencement and end of the day by each worker.
Previously, the Royal Decree-Law 16/2013, on measures in favour of the stable hiring and improving the employability of workers, already established the obligation to register working hours for part-time employees. With the Decree-Law 8/2019, that obligation extends to full-time employees.
This measure affects all companies, regardless of their sector or size, including mobile, temporary or commercial workers, and those who work totally or partially outside the office.
The Workers’ Statute, in the article 34.9 does not establish a specific system to register the working day, but it refers to what may be stipulated in a collective agreement of the company or, failing that, to what the employer unilaterally decides, after consulting with the legal representation of the workers.
This registration system, of free choice for the company, must guarantee the reliability and inalterability of the data, and it also must reflect, at least, the start and end time of each worker. The company must also save the data obtained from the records of the working day for 4 years, allowing the employees, their legal representatives and the Inspection of Work and Social Security to consult them.
Finally, it is notable that the breach of this registry could bring economic sanctions from 626 euros to 6,250 euros, according to the extent of the breach; besides, the Inspection of Work and Social Security has warned that, if the sanction is relapsing, the Inspection could double the sanctions.
B Law & Tax
International Tax & Legal Advisors