\nThe Supreme Court, after issuing a second ruling that annuls the sentence imposed on a company to establish a system for recording the hours of its staff, establishes jurisprudence in this sense, so that companies no longer have the obligation to keep the Daily entry. This resolution is dated April 20.<\/p>\n
The ruling, which resolves a lawsuit by the unions against Abanca, represents a blow to the Labor Inspection, which continued to demand it from companies despite the first resolution of the TS on the matter.<\/p>\n
In the text, of which Judge Segoviano Astaburuaga was the speaker, the arguments of the first ruling, issued on March 23, are reproduced. That is: article 35.5 of the Workers' Statute (ET) "does not require the keeping of a record of the effective daily working hours of the entire workforce", but rather "its purpose is to control the performance of overtime hours."<\/p>\n
The first ruling, from the Plenary Session of the Social Chamber, warned of the convenience of a legislative reform that would clarify the obligation to keep a time record and make it easier for the worker to prove proof of working overtime. But "that obligation does not exist for now and the courts cannot replace the legislator by imposing on the company the establishment of a complicated time control system," he asserted, reproaching the National Court for establishing it in the appealed ruling.<\/p>\n
After the resolution of the disputes that affected Bankia - the first ruling - and Abanca - the second -, a third matter related to time registration remains pending, that of Banco Sabadell, which everything indicates will suffer the same fate.<\/p>\n
Complaint from businessmen<\/strong><\/p>\n Whether or not it was mandatory to keep a daily record of the working day had given rise to complaints from employers, who denounced the legal uncertainty that created the Labor Inspection's continued demand, under threat of sanction, of carrying out time control that had been overthrown by the Supreme Court. The unions also demanded certainty in the elements to avoid abuse in overtime.<\/p>\n Both, however, agreed that the Inspection's position sought not to impoverish its tools to fight against labor fraud and not to lose income from social contributions.<\/p>\n Legal sources point out that the position of the Labor Inspection and the National Court was legally difficult to sustain, as they attempted to sanction conduct that was not classified in a standard.<\/p>\n Labor experts agree that a response must be given to the need to control the work day. And they point out two possible solutions. First of all, introduce the registry in article 34 of the ET. An option, however, that they consider complicated in view of the difficulty of reaching agreements in Congress.<\/p>\n The second - theory suggested in one of the dissenting opinions of the first ruling - is that, instead of basing the obligation to record hours on 35.5 of the ET, it is inspired by other principles of labor law, such as the obligation to pay remuneration. adequate, risk prevention or the need to control working time.<\/p>","protected":false},"excerpt":{"rendered":" The Supreme Court, after issuing a second ruling that annuls the sentence imposed on a company to establish a system for recording the hours of its staff, establishes jurisprudence in this sense, so that companies no longer have the obligation to keep the Daily entry. This resolution is dated the 20th of [\u2026]<\/p>","protected":false},"author":2,"featured_media":79579,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-79578","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-noticias"],"_links":{"self":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/79578","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/comments?post=79578"}],"version-history":[{"count":0,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/79578\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/media\/79579"}],"wp:attachment":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/media?parent=79578"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/categories?post=79578"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/tags?post=79578"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}