From the 12th, all companies with employees under their charge are required to register their entry and exit, although the Labour and Social Security Inspection will give an additional period if it is proven that they are in the process of implementation, and will publish a practical guide.
Source: europapress
The Labour and Social Security Inspectorate will not initially fine those companies that do not have a record of working hours from Sunday, the date of entry into force of this measure, as long as they prove that they are negotiating its implementation with the workers' representatives or prove, in good faith, that they are working on it. "There will be no fines from the first day if they prove that they are negotiating the record or if they prove that they are working on its implementation."
Companies will have to record their employees' working hours on a daily basis starting on May 12, the date on which the amendment to the Workers' Statute regarding the recording of working hours will come into force.
At the beginning of March, the Government approved a Royal Decree Law that required companies to keep a daily record of their employees' hours and gave them a two-month deadline to do so, which ends this Sunday.
The objective of this measure is to measure the length of working days and, therefore, overtime, and also breaks, which cannot be less than twelve hours between the end and the beginning of the working day or 36 hours per week, although with peculiarities regarding their location in the calendar depending on the sector in question.
This record must include the start and end of the worker's working day, without prejudice to flexible hours, and will be organized and documented through collective bargaining or company agreement or, failing that, by decision of the employer after consultation with the legal representatives of the workers.
The company will be obliged to keep records of its employees' working hours for four years and they must remain available to workers, unions and the Labour and Social Security Inspectorate. In the event of non-compliance, the fine can range from 626 euros if it is considered minor or up to 6,250 euros if it is classified as serious.
Work will soon publish a practical guide
Labour sources have explained that, over the last few weeks, the General Directorate of Labour has received numerous queries from consultancies and agencies regarding the application of the time record. Some of the questions were specifically about what would happen if this record was not established from day one.
The sources consulted assure that there will initially be no fines for companies that prove that they are doing so. In the event that the Inspection visits a company and finds that the registry does not exist, the company will have to prove that it is working on its implementation, for example, by showing minutes of negotiations with union representatives.
In this case, the company will not be fined, although the inspectorate will later check whether it has fulfilled its obligation. "It is not a question of punishing companies that demonstrate good faith. The objective is for this to be done and for it to be done well," says the Labour Department.
The same sources have indicated that the General Directorate of Labour will publish in the coming days a practical guide for companies on recording working hours.
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