As of 12 May 2019 all companies must ensure that they keep a record of working hours in Spain – a daily record of hours worked by their employees. This record must include the exact start and end times of the working day.
This new regulation was introduced by Royal Decree Law 8/2019, of 8 March on urgent measures relating to social protection and the fight against irregular working hours, amending Article 34 of the Workers’ Statute.
Since its entry into force, there have been many doubts on how to implement the Record of Working Hours in Spain, which is why the Ministry of Labour has created a guide on the Record of Working Hours to try and resolve the numerous questions that have resulted from this new regulation. In addition to this, the Inspectorate of Work has introduced technical criteria with the aim of clarifying certain points.
Obligations regarding the Record of Working Hours in Spain
The Record of Working Hours in Spain applies to all those employees that fall within the scope of application of Article 1 of the Workers’ Statute, that is to say, it also applies to sales representatives, remote workers…
Senior management are exempt from this obligation if they are in a special employment relationship. However, this exception does not apply to employees who have agreed to be constantly available for work, or if this is necessary in order to carry out their work.
The Royal Decree does not set out an official model, it only requires the beginning and end of each working day to be recorded. Any system or method shall be considered valid, whether paper or digital, that is not susceptible to modification or manipulation, either by the business owner or by the employee themselves.
It also requires the company to keep the record for four years, and make it available to the employee, legal representatives and the Inspectorate of Work and Social Security if requested.
Infringements and Penalties
Article 7 of the Law on Social Order Infringements and Penalties states that non-compliance with the regulations outlined in Article 34 constitutes a major breach of labour relations, with an applicable fine of between 626 and 6,250 euros, depending on the gravity of the case.
If you would like to know more about the record of working hours in Spain, please do not hesitate to contact us. Arintass can offer you a solution that is tailored to your business.
Teresa Abril
