{"id":7141,"date":"2019-07-04T17:51:13","date_gmt":"2019-07-04T15:51:13","guid":{"rendered":"https:\/\/www.navarrollimaabogados.com\/?p=7141"},"modified":"2019-07-04T19:05:10","modified_gmt":"2019-07-04T17:05:10","slug":"labour-time-record","status":"publish","type":"post","link":"https:\/\/www.navarrollimaabogados.com\/en\/news\/labour-time-record\/","title":{"rendered":"LABOUR TIME RECORD"},"content":{"rendered":"

Recording the working time, a topic that we all have talked about in the past weeks,; and today, we want to do it from <\/span>Navarro Llima Abogados S.L.<\/span><\/i> to tell you what is happening, how to do it correctly, what sanctions are being imposed and other problems that arise after the enforcement of this measure.\u00a0<\/span><\/p>\n

First of all, remember that since May 12, companies must guarantee the daily registration of the working time, including the specific beginning and ending time of the day. Thus, Royal Decree-Law 8\/2019, of 8 March, on urgent social protection measures and combating precarious work in the working time, does not establish a specific recording system, but refers to what would be agreed in a collective agreement and, failing that, to what the employer would decide unilaterally.\u00a0<\/span><\/p>\n

How do entrepreneurs usually apply this obligation? In accordance with the criterion set by the Inspection, the type of registration system is free to choose for the company as long as it guarantees the reliability and invariability of the data and reflects, at least each day, the starting and ending time of the day, but it does not consider as daily time records the working quadrants, or calendars.\u00a0<\/span><\/p>\n

This has been pointed out by the \u201c<\/span>Audiencia Nacional<\/span><\/i>\u201d, Spanish national court, stating that “<\/span>the registration of the day can be implemented in multiple ways<\/span><\/i>“; since “<\/span>it constitutes a tool for the modernization of labour relations<\/span><\/i>”\u00a0<\/span><\/p>\n

What other inherent obligations does this record involves? Labour Inspectors are demanding that these daily work records should be physically located in the company for 4 years, and their custody cannot be given to consultancies, agencies or other different offices. In the case of delegations or several work centres, neither can they kept the records at the central headquarters, but each work centre must oversee the records of its employees, under the terms of the criterion of the European Court of Justice, stating that “<\/span>The obligation of the employer to allow immediate consultation of the work time record could avoid any possibility of data alteration in the interval between the visit of the Inspection and the control of that data by the competent authority<\/span><\/i>.”\u00a0<\/span><\/p>\n

Despite that, the obligation of the employer to keep these records does not involves the obligation of the employer to deliver copies to their workers, who shall consult these records or the information contained in them but they are not able to request a copy of them unless it is stipulated by their collective agreement.\u00a0<\/span><\/p>\n

It also exempts the employer from its obligation to “<\/span>totalize<\/span><\/i>” the hours actually worked throughout the month, with the exception of part-time contracts and overtime work where the worker must be informed of the hours made.\u00a0<\/span><\/p>\n

In the case of overtime, it must be registered, however, this does not imply a mandatory payment <\/span>per se<\/span><\/i>; it must be subject to the dispositions of the collective agreement, taking into account the limitation established in the \u201c<\/span>Estatuto de los Trabajadores<\/span><\/i>\u201d, the Spanish basic legislation of Labour Law, of 80 hours and it does not compute in this sense the hours taken to prevent or repair accidents and any other kind of extraordinary and urgent damages.\u00a0<\/span><\/p>\n

What are the possible (or most frequent) sanctions that an employer can commit?\u00a0<\/span><\/p>\n