Everything About the New Time and Attendance Tracking Law in Spain

Last week the BOE published the order regulating a mandatory time and attendance tracking in companies. The Royal Decree-Law now states that it will be mandatory to do so in every company by May 12th 2019. Let’s go over what the decree says and which steps you need to carry it out.

What does the law say?

Some basic requirements of the time and attendance tracking of the employees:

  • All companies must keep an hourly record of their employees regardless of the work day they have.
  • The company will be obliged to keep the employee’s time record for four years. Likewise, it must be available to employees and unions.
  • Employees must know the distribution and duration of an ordinary workday.
  • The unions must be notified monthly of extra hours made by employees.

When is the time and attendance tracking required?

Since the publication in the BOE, which was March 12, companies will have two months to start the registration of employees. That is, by May 12, all companies must register the workday of their employees.

What is the objective of this hourly record of the employees?

As we mentioned in other publications, this measure seeks to ensure compliance with working schedules, also to avoid labor abuse and fraud for not paying or compensating overtime. On that same note, Inspección del Trabajo and Seguridad Social will be able to have more vision and control over specific labor affairs.

How do I record the workday of my employees?

To ensure ease of registration for everyone in your company, the ideal would be to work with software that includes time signing. This is the easiest, fastest and most reliable way to record the workday. If the contracted software automates other Human Resources management tasks, in addition to allowing employees to sign the entry and exit of work, you will be fast-forwarding your company into the future.

What about the employees who work remotely?

It does not matter, they have to register their daily work. Employees who work remotely must also continue to comply with the rest of the particularities, such as the work they have done, and adopt the corresponding measures for the prevention of labor risks and data protection.

Can they penalize us for not complying?

It is a serious infringement that comes with a fine. In its minimum degree, 626 – 1.250 euros; in its average degree, 1.251-3.125 euros; and in its maximum degree, 3.126 – 6.250 euros.

Download your free time & attendance tracker for Excel.

This post is also available in: Español

15 thoughts on “Everything About the New Time and Attendance Tracking Law in Spain”

  1. Hi César, thanks for the article.
    Would Factorial be a solution that can be used to do the time tracking?
    Do you know if the fine would be per employee or is it just a fine per company?

    Reply
  2. Thanks for the great summary. One little Mark!

    The declaration was on March 12 and not May.

    “Since the publication in the BOE, which was May 12, companies will have two months to start the registration of employees. That is, by May 12, all companies must register the workday of their employees.”

    Reply
  3. Great article!

    Question – do you know how regularly employees must record their hours? E.g. must they do it every day, or can it be weekly, etc.?

    Thanks!

    Reply
    • The law says that when the inspector request it you should provide all T&A reports so you will need to request it day by day

      Reply
  4. when recording the hours, start and end time, are they required to include breaks, or just show overall how many completed worked hours?

    Reply
  5. It’s such a great article. Time is the most precious resource that you have! for this we use stafftimer to deal with my group. In all actuality, it turned out to be a lot simpler to carry out my responsibility with it.Time Management is one of the most significant thing in your life on the off chance that you need to be organised and successful.

    Reply
  6. Dear Jordi, is it also possible to record the time worked on ordinary paper timesheets? A lot of our employees work offshore and won’t have access to internet in order to log on an App.

    Thank you very much.
    Lisa

    Reply

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