Art.34 of the Workers’ Statute is amended in order to extend the obligation to register working hours to all employees.
The recent Royal Decree Law 8/2019 obliges companies to register the working hours of their employees on a daily basis. This record must include the specific starting and finishing times of each employee's working hours, regardless of whether these hours are flexible or not.
The organization and documentation of this register must be established through collective bargaining or by agreement of the company. In absence of any of both means, it will be determined by the employer, after consultation with the workers' representatives.
The register must be kept for 4 years during which it will be available to employees, their legal representatives and the Labor Inspectorate.
A transitional period of 2 months has been established for its implementation by the companies, so that it will not be in force until 12 May 2019.
Failure to comply with these obligations regarding registration of the employee’s working hours will constitute a serious misconduct according to what is established in art. 7.5 of the Labor Infringements and Penalties Law. Labor Inspectorate will request the existing registers and policies in the companies to assess compliance with the obligation to register and the existence or not of overtime.
If the company does not have an internal policy regarding working hours and overtime, it must be done in accordance with the existing reality: maximum annual working day according to the collective bargaining agreement, existence of a manual or an internal policy on overtime, process within the company to authorize overtime, financial compensation or compensation for rest time in the event of employee’s overtime, work breaks policy in order to determine their consideration as effective work or not, security measures and data protection in the registration system, etc.
Do not hesitate to contact our Labor Law Department if you need help on this matter or any other question arises.