Practical guide to know how to do it and what rights the worker has
The Government has published a guide (HERE YOU CAN DOWNLOAD IT) in order to facilitate the practical application of the obligation to clock in at work. The registration of the day is mandatory for all companies from Sunday, with the criteria for its application for information purposes "without prejudice to the interpretation of the rule that corresponds to the courts and tribunals of the social order."
Who is obliged to sign and who is not
– All self-employed workers, employed by natural or legal persons (companies), with the express exception of senior management personnel.
– Nor do they have to sign in nor would it apply to special employment relationships (employees at home, professional athletes, artists in public shows, convicts in penitentiary institutions, disabled workers in special employment centers or lawyers who practice for law firms). of lawyers) that do not have it established in their specific regulations.
– It affects all categories and professional groups, all sectors of activity and all companies, regardless of their size.
– In the case of workers with an agreed regime of full time availability, it will be considered valid that their remuneration already compensates for a greater demand in working time, as long as it does not hide a situation of abuse, which does not exempt them from keeping a time record. .
– Flexible schedules and teleworking will be controlled in time sequences greater than the day, so that, if the time record includes excess hours, they will not be interpreted as overtime if the monthly calculation (or other period) complies with the working day. .
– In the case of workers assigned by temporary employment agencies (ETT), the user company is obliged to keep the record and keep it for 4 years.
– When an activity is subcontracted, it is understood that the contractor or subcontractor company is the employer and responsible for all labor obligations, including registration.
How should registration be done?
– The record must contain the specific start and end time of the daily work day of each worker, without establishing a specific or predetermined modality to carry it out.
– It will not be necessary to include intraday breaks when their legal expression is clear, nor intervals for making workers posted outside the usual workplace available to the company.
– If the way of recording the schedule includes digital devices or video surveillance or geolocation systems, the rights provided for in the Personal Data Protection Law must be respected.
– The obligation of daily registration is not dependent on its specific regulation in collective bargaining or company agreement, with the employer ultimately being the one who has to comply with the standard and can implement the registration unilaterally.
How to keep the time record
– Any means of conservation is valid as long as its invariability is guaranteed.
– The records must remain physically in the work center or be immediately accessible from it.
– Each worker can consult his or her record and the legal representation of the workers and that of all staff, which does not imply the obligation to provide copies.
Overtime record
– The registration of the daily working day does not exempt from compliance with the obligation to register overtime, since they are independent and compatible legal obligations.
The entry into force of the registration of working hours is causing real headaches for employers. If you need advice on the practical application in your company and how to implement it to comply with the new regulations, contact our labor advisors: CONTACT
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