The working time record entered into force on May 12, 2019 in Spain through the Royal Decree-Law 8/2019. The new regulation requires companies:

  • To provide a working time record
  • To comply with the limits on working days
  • To create a framework of legal security and facilitate oversight by the Labour and Social Security Inspectorate

In this way, each worker’s start time and end time will be recorded, which will be used to assure that the maximum working hours set by the regulations are not exceeded and that overtime is compensated. All companies must comply with the working time record.

In particular, Article 34.7 of the Workers’ Statute (E.T.) has been amended. The government will determine any extensions or limitations to the organisation and duration of the working day and breaks as well as the particularities of each sector, job and professional category.

Moreover, Section 9 has been added to include the following clauses:

  • Companies must guarantee the daily record of working hours (start times and end times)
  • Such records will be organized and documented through collective consultation, company agreement or based on the decision of the employer.
  • The records will be available to workers, their representatives and the Labour and Social Security Inspectorate for four years.

The non-compliance with the working time record will be considered as a serious infringement and companies will be sanctioned with fines of 206 euros up to 6,250 euros.

This article is not considered as legal advice

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