Following the introduction of Royal Decree-Law 8/2019 in May of 2019, it has been necessary for Spanish companies to record the number of hours worked each day by all of their employees.
In this short article, we’ll highlight some of the most important factors involved in this process.
What information should be recorded?
Most importantly, the specific start and end time of the working day for every member of staff must be recorded. This is to ensure that the maximum limits on the number of hours worked each day are adhered to, along with the minimum number of rest periods. Any overtime must also be properly compensated by the employer.
All companies must comply with the working time record and keep the necessary documentation for a period of four years. Furthermore, the records should be available to workers, their representatives, and the Labour and Social Security Inspectorate during this time. Failure to comply can lead to a penalty of up to €6250.
What’s the process for logging the information?
The working time record applies to both full-time and part-time employees, and inspections by Social Security may take place.
Although there is no legal format for the records, the following 5 requirements must be met:
- The records must be made daily, indicating the start time and end time of the shift, and must include a signature from the worker.
- A copy of this record must be delivered monthly alongside the payslip to the employee, and the company must be able to prove that it has provided this information to them.
- If overtime is worked, a copy of the records of the relevant workers must be delivered to their representatives.
- The company must keep the monthly summaries of the working hours for a minimum period of 4 years.
- If the company already has a system to record the information and signatures in place, it remains valid.
Although the law requires a record of the working day, it does not specify how this should be carried out, referring it to either the collective bargaining agreement or the company agreement. Failing that, it will be left to the employer to decide after consultation with legal representatives for the workforce.
In Case of an Inspection
The documentation should be available at all times, in case of a visit by an inspector. Additionally, the documented working hours should be in accordance with those established by the authorities regarding any sector or company agreements.
Important Note: Non-compliance is subject to financial penalties of between €206 – €6250 and, in the case of any part-time contracts that are not documented, those workers would be considered to be full-time.
We’re Here to Help
While we hope this article has helped to simplify the process for logging employee working hours, we’re always here to provide further guidance if you need professional help.
Contact us here to schedule a call with a member of the team at Lawants.
