What is time control?

Time control or presence control is a system implemented by companies with the purpose of recording the time that workers dedicate to work tasks.

Therefore, it is the action of compensating the hours that each employee has worked and how these have been distributed throughout the seventh day.

This includes the hours that go from the beginning to the end of the day, the extraordinary hours and any rest or interruptions that you may have during the day.

The hourly control of workers is mandatory from May 12, 2019, the date on which Royal Decree-Law 8/2019, of March 8  and will reflect article 34.9 of the Statute of Workers:

“The company will guarantee the record of the working day, which will include the specific start and end hours of the work day of each worker, without prejudice to the time flexibility that is established in this article.”.

Who is the purpose of recording work hours?

Both time control seeks to ensure compliance with work hours and, at the same time, avoid abuses and fraud in relation to the recording of extraordinary hours.

Whose novelties will the new law entail?

The big change that the new law will introduce is the obligation that time control remains exclusively digital, eliminating the possibility of serving records on paper.

This measure seeks to improve the transparency and precision of the time record.

On the other hand, it will also allow the Work Inspection to access workers' fit data telematically; Therefore, Treball will have remote and direct access to the time control records and will streamline the six inspections.

When will the new law begin to be applied?

Passat June 24 is going to debate and analyze the erasure of the avantprojecte de llei.

This avantproject establishes a period of six months to approve the regulation that defines the legal aspects and sets the directives on how companies must implement and manage the new registration system.

Therefore, at the beginning of 2025 the new regulations regarding time control of workers will be applicable.

To which types of workers should the time control record be applied?

Time control is applied by all workers; regardless of the type of contract or contract of the company.

Who workers are exempt?

Professionals exempt from complying with this law are divided into three groups:

• The relations of a special nature, listed in article 2 of the Statute of Workers:

1. The senior management staff.
2. The domestic workers.
3. They are condemned in penitentiary institutions.
4. The professional esportistes.
5. The artists in public shows.
6. Disabled employees of special work centers.
7. Advocates who work separately (individuals or col·lectius).
8. Qualsevol altre type of feina that followed expressly declared with a relation of special character by a law.

• Workers have a specific regime regarding the registration of the day; For example: part-time employees, who have the obligation to record their daily work hours and send a copy to the company with the monthly summary.

• The autonomous workers and members of cooperatives.

Com es podrà fitxar?

The new law requires that the fitxatge remain digital and, therefore, companies must share some software that allows the entries and sorts of the workers to be registered in a computerized way.

Fitxatge systems must meet a series of requirements:

• Automation: The systems must automatically record the start and end times of the day; in order to avoid mistakes and manipulations.
• Accessibility: The records must be accessible in real time by workers, representatives, Inspection of Work and Social Security.
• Security and conservation of data: Data must be protected against alterations, losses and conservation during, at least, four years.
• Report generation: The systems must allow the rapid and accurate generation of detailed reports on the hours of work and any other relevant information.

Next, write down a list of valid methods for digital fit:

• Time control applications for the mobile phone and/or computer.
• Machines with RFID or QR systems.
• Register TAGs from your mobile.
• Web links.

Only digital time control methods are supported; Non-digital systems (paper) or others that feel digital are not valid are not valid, for example:

• Biometric systems: Fan serve unique physical characteristics of workers with fingerprint recognition, memory reader, finally, facial recognition.

These systems are a very invasive and disproportionate measure that poses a risk to the rights and freedoms of workers (donate the value that biometric data have on the black market).

Sanctions for non-compliance with the new law

Failure to comply with the new time control law may lead to sanctions for companies and, as well as for new employees, as well.

Let's talk about the fact that fines, depending on the seriousness of the infraction, can range between 1,000 euros and 10,000 euros per employee.

Implications in terms of data protection

The implementation of the new regulations on the time control of workers, for the protection of data, meant that companies had to:

• Inform workers about the new time registration system.
• Update the Registry of Tractament Activities (RAT): document which we will talk about in this post
• Sign data processing contracts with the company that manages the software.

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Sandra Santiago

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• Digital time control record. - November 28, 2024