During the past months, many things have changed when it comes to Spanish Labour Law. According to the Royal Decree 8/2019, it has been established that every company in Spain must register the working hours of its employees, and keep the records of every employee for at least four years.
The new law obliges companies to make a “daily record of the working hours, which must include the specific starting and ending times of the working day of each employee”, without prejudice to the flexible working hours established in the Workers’ Statute. However, this new Law does not specify how this record is to be made.
When does this law enter into force?
The deadline for the implementation of this new measure expired on May, 12th. Therefore, companies that have not started to register the entries and exits of their workers since that day may be fined in accordance with the aforementioned law.
Why recording the working hours is mandatory?
This law aims to prevent employees from working extra hours, forced by employers, without being paid for the overtime dedicated to their work.
What if you do not record the working hours?
From the enactment of this regulation, all workers must record their entry and exit times. Labour inspectors are expected to closely monitor compliance with this measure by companies, which, if they do not comply with the requirement to record hours worked by their staff, can face fines starting from 6.250,00€.
There are different ways to follow this law:
- On a physical paper working hours sheet.
This is the most recommended way to control working days for small companies. It’s also the way that more fraud can be committed. In a physical paper or in a spreadsheet, employees have to register the entry and exit hours and, if needed, the break hours too.
- Using biometric systems.
Biometric systems are thought for those employees who have a working space and must go there to work (i.e.: a factory). Biometric systems, such as fingerprints, face recognition or voice recognition, are quite useful to avoid fraud.
- Accessing with cards.
Another way to access to the working place and to keep a working hours register could be with a card. Each employee has a personal card, which records his or her schedule by scanning over a machine their card every time they enter or exit the workplace.
- Through online software.
Online software is the most common tool used by modern companies that allows their employees to work remotely. In order to avoid fraud, these online software can also track the employee location. Example: if you’re working from home, you say so and the record is saved.
Now you know how to monitor working hours and the requirements imposed by law. You also know how to distinguish which will be the option that best suits your company and your employees. We are sure that it will be a useful measure (in addition to being legally mandatory!).
Do you need more information about how to you can start recording the working hours?
If you still have doubts about it, please let us know. You can fill this form and we will get in touch with you as soon as possible.