The BOE today publishes RD-Law 8/2019 that establishes, among other things, the mandatory implementation of the daily record of working hours, which will be applicable within two months.
Today, March 12, the BOE has published the Royal Decree-Law 8/2019, of March 8, which includes, among its measures, the obligatory daily registration of the working day. However, a period of two months is established for its entry into force.
We transcribe the article that refers to its regulation:
Art. 10 of RD-Law 8/2019
1. Daily record of the day
As specified in RD-Law 8/2019 (art. 10), article 34 of the Workers' Statute is modified, adding a new section 9, with the following wording:
– The company will guarantee the daily record of the working day, which must include the specific start and end times of the working day for each worker, without prejudice to flexible hours.
– Through collective bargaining or company agreement or, failing that, by decision of the employer after consulting with the legal representatives of the workers in the company, this record of working hours will be organized and documented.
– The company will keep the records referred to in this precept for four years and they will remain available to the workers, their legal representatives and the Labor and Social Security Inspectorate.
2. Particularities in certain segments of activity
It is established that section 7 of art. 34 of the ET, which is worded as follows:
The Government, at the proposal of the person in charge of the Ministry of Labour, Migrations and Social Security and after consulting the most representative trade union and business organizations, may establish extensions or limitations in the organization and duration of the working day and breaks, as well as specialties in the obligations of registration of working hours, for those sectors, jobs and professional categories that, due to their peculiarities, require it.
Modification of the SMOOTH
A modification is introduced in the LISOS to expressly establish as a serious infraction the fact of not having the daily record of the day.
Specifically, section 5 of article 7 of the consolidated text of the Law on Offenses and Sanctions in the Social Order, approved by Royal Legislative Decree 5/2000, of August 4, is amended, which is worded in the following terms:
The transgression of the norms and the legal or agreed limits in terms of working hours, night work, overtime, complementary hours, breaks, vacations, permits, registration of working hours and, in general, the working time referred to in articles 12 , 23 and 34 to 38 of the Workers' Statute.
(NOTE): The current wording of the LISOS is as follows: (art. 7.5). The transgression of the norms and the legal or agreed limits in terms of working hours, night work, overtime, breaks, vacations, permits and, in general, the working time referred to in articles 23 and 34 to 38 of the Royal Decree Legislative 1/1995, of March 24, which approves the consolidated text of the Workers' Statute Law.
Entry into force: a period of two months is given to register the working day (new art. 34.9 of the ET)
As established in Disp. Sixth Final (section 4): The record of working hours established in section 9 of article 34 of the revised text of the Workers' Statute Law, approved by Royal Legislative Decree 2/2015, of October 23, according to the wording given to the same by article 10 of this royal decree-law, it will be applied two months after its publication in the BOE.
One of the circumstances that have affected the problems of control of the working day by the Labor and Social Security Inspectorate, as well as the difficulties of claiming by the workers affected by this excess of hours and that, in the end, , has facilitated the realization of working hours longer than those legally established or conventionally agreed upon, has been the absence in the Workers' Statute of a clear obligation on the part of the company to record the working hours carried out by the workers.
The creation of the registration of working hours by this royal decree-law ensures the conformity of the European regulations with the European legal system, highlights the Preamble of the RD-Law.