The new regulation being prepared by the Spanish Government on working time recording represents a substantial shift in how companies must comply with this legal obligation.
Although daily working time recording was introduced in 2019, practical experience has revealed significant shortcomings in many systems currently in use, including lack of reliability, risk of manipulation, limited traceability and difficulties for access by the Labour Inspectorate.
Against this background, in October 2025 the Government presented a draft Royal Decree whose stated objective is to modernise time-tracking systems, ensure the objectivity of records and facilitate administrative verification. The reform aims to strengthen the protection of essential labour rights, ensure proper remuneration of overtime and safeguard compliance with mandatory rest periods.
Although the regulation is still subject to consultation, public hearing and information procedures, this preliminary regulatory process anticipates potential approval and entry into force in 2026. Companies are therefore required to assess its operational and legal impact at an early stage.
Legal framework for working time recording
From the perspective of Spanish labour law, the starting point remains article 34.9 of the Workers’ Statute, which requires companies to guarantee a daily record of working time, including the specific start and end times of the working day.
The draft Royal Decree of October 2025 seeks to develop this statutory obligation through secondary legislation that clarifies, among other matters:
- The mandatory nature of a reliable and traceable daily record
- The recording medium, with a clear preference for digital systems
- Rules on data retention, custody and access
- Data protection safeguards in accordance with applicable regulations
Key developments under the new digital time-recording system
The draft regulation presented by the Ministry of Labour and Social Economy introduces significant changes that transform working time recording into a genuine preventive compliance tool.
Mandatory and verifiable digital recording
The regulation establishes the requirement for digital, online, tamper-proof and accessible time tracking systems that provide verifiable evidence of clock-in and clock-out times, breaks and other working time incidents.
Increased level of detail in working time monitoring
The working time record must include, at a minimum:
- Exact start and end times (hour and minute)
- Number of ordinary hours, overtime and complementary hours
- Work modality (on-site or remote)
- Part-time or full-time status
- Breaks not considered effective working time
Management and traceability of amendments
Any modification of recorded working time will require the express authorisation of both the employee and the employer, with documented justification of the change. This eliminates undocumented unilateral adjustments.
Right of access and consultation
Employees and their legal representatives will have the right to immediate access to, and copies of, working time records, subject to personal data protection guarantees. The Labour Inspectorate will also be entitled to remote access to these records.
Remote work, mobility and travel time
Specific rules are introduced to calculate effective working time in situations involving remote work, mobile work and business travel, preventing both double counting and the invisibility of actual working time.
Record retention and sanctioning regime
Retention requirements are strengthened, and a stricter sanctioning regime is introduced, covering both formal and substantive breaches, with clear indications regarding minimum record-keeping periods.
Impact of the new working time recording system on companies
These developments turn working time recording into not only an evidentiary tool, but also a preventive and operational mechanism designed to monitor compliance with legal working time limits.
Implementation will involve:
- Technological costs
- Adaptation of internal procedures
- Training for employees and middle management
- Review of human resources policies and labour compliance frameworks
How companies should prepare for the entry into force of the new system
In view of a potential entry into force in 2026, companies are advised to take anticipatory measures, including:
Review of time-tracking systems
Avoid paper-based records or Excel spreadsheets and adopt digital solutions that ensure integrity, traceability and remote access.
Definition of clear internal policies
Precisely document clock-in procedures, break policies, remote work arrangements, working time adjustments and incident management, ensuring alignment with the forthcoming regulation.
Frequently Asked Questions
Yes. All companies are required to keep a daily record of employees’ working time, regardless of company size.
The draft Royal Decree clearly favours digital and verifiable systems, which in practice will lead to the abandonment of manual records.
Exact start and end times, ordinary and overtime hours, breaks, work modality and other relevant working time circumstances.
The new regulation increases retention requirements and establishes minimum periods that must be strictly complied with.
A stricter sanctioning regime is envisaged, with fines for both formal and substantive breaches of working time control obligations.
If your company wants to get ahead of the new working time recording regulation and adapt its systems with full legal certainty,
