Mandatory Daily Record of Workday
As of May 12 , Royal Decree Lawregulates the mandatory daily registration of the beginning and end of the working day for all workers (until now it was only for part-time contracts and in the case of overtime) , without prejudice to time flexibility. Its compliance is very important since it is specifically specified as a serious infraction whose penalty is 626 to 6,250 euros . If the non-compliance is in part-time contracts , according to said rule, the contract will be presumed to have been concluded full-time, unless proven otherwise that could prove the partial nature of the services. With the consequent obligation to pay the difference in salaries and contributions, in addition to sanctions. The organization and documentation of the registry will be carried out according to the collective agreement; if there is no reference, it will be by decision of the employer after consultation with the workers' representatives. The legislation does not indicate how to record working hours, but requires that the reliability and invariability of the data be guaranteed. It may be by computer, analog or manual means, in the latter case it must be signed by the worker.As a result of this obligation, there are numerous softwares on the market to carry out this registration. There is some difference in registration for full-time contracts, whether there is overtime or part-time. The last two situations were already regulated before this Royal Decree, but below we detail all the possibilities. Full time without overtime . Daily registration of entry and exit time, taking into account that if it is a split day it will have to be done in the morning and afternoon. Full time with overtime . Daily record of the entry and exit time (same as the previous one) and regarding overtime Industry Email List hours will be recorded day by day and will be totaled in the period set for the payment of remuneration, delivering the summary to the worker and legal representatives of the employees. workers. Part time . Daily record of entry and exit time and monthly summary that must be delivered to the worker, differentiating complementary hours if they exist. If in a full-time contract there is a reduction in working hours due to caring for a minor or breastfeeding , it does not become a part-time contract, therefore, we will follow the criteria for full-time contracts.
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In the full-time registration, the law does not indicate that it is totaled monthly, but it does not hurt to verify that the contract day is being carried out, since it is very possible that there is time flexibility and in this way we will have better control. The company is obliged to keep the documentation of the daily time record and summaries where applicable for 4 years and be available to workers, worker representatives and the Labor Inspection. Many of you may be wondering what we do if the worker does teleworking or does commercial work that is not normally in the workplace. The problem will be in the case of manual registration or by signing, the legislation does not indicate anything in this regard nor does it exempt from the obligation, it will be necessary to reliably demonstrate when the start and end of the day is, for example an email would be feasible. Keep in mind that this obligation is within the Royal Decree of Social Protection and the fight against job insecurity of the working day, therefore, the intention is that the Inspection can verify that the contract day is being fulfilled and if there are hours extras are being paid.
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