Mandatory for companies since May 12, 2019, establishing non-compliance as a serious offense.
Through Royal Decree-Law 8/2019, of March 8, on urgent measures for social protection and the fight against precarious employment during working hours, the Government seeks to guarantee compliance with working hours in companies and facilitate its control by the Inspection.
This is an issue that has been debated for some time. It has finally been regulated as follows:
1.- Amendment of section 7 of article 34 of the ET:
Through this modification, the Minister of Labor is authorized to "establish (...) special requirements for the registration of working hours, for those sectors, jobs and professional categories that, due to their peculiarities, require it"; all of this after consulting with the most representative trade union and business organizations.
2.- Paragraph 9 is added to Article 34 of the ET:
It establishes the obligation for companies to guarantee a daily record of working hours, which must include the specific start and end times of the working day for each employee, without prejudice to flexible working hours.
This new section does not specify how to document this record and leaves it to the choice of the company, through collective bargaining or company agreement or, failing that, a decision by the employer after consultation with the legal representatives of the workers in the company.
- Obligation to keep the record for 4 years
The company is required to keep the records for 4 years and they will remain available to the workers, their legal representatives and the Labor and Social Security Inspectorate.
Regarding the company's failure to comply with the registration obligation , the labor inspectorate could issue an infringement report classifying it as serious according to art. 7.5 of the Law on Infringements and Sanctions in the Social Order , with fines ranging from €626 to €6,250 .
Registration will be mandatory within two months of the publication of the regulation. Therefore, from May 12th (final provision 6.4 of Royal Decree-Law 8/2019).
Finally, it should be noted that this record of working hours does not replace the record of overtime hours, nor the record of working hours for part-time contracts, nor the record of special working hours, which already had their own regulations prior to this Royal Decree-Law.
If you require our assistance to obtain more information or have any questions, please contact us via email at ambit@ambitassessor.com or at our offices.
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A graduate in Labor Relations from the Rovira i Virgili University of Tarragona, she began her professional career at the temporary employment agency Alta Gestión as head of recruitment, a position she later held at Marlex Gestió. She then joined Bufete Gatsa as head of the labor department. In June 2014, she joined Àmbit Assessor, SL to head the labor management department.
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