The General Directorate on Labour Inspection and Social Security (Dirección General de la Inspección de Trabajo y Seguridad Social) is carrying out a range of concrete actions to verify the existence of a time registration program in the companies to register the daily working hours of the employees.
These verifications carried out by the Labour Inspection and Social Security, are based on different jurisprudential pronouncements which intend to consider that the daily record of the working days is essential to avoid depriving workers of a verification measure and proof of their effective working day.
Therefore, it seems that, despite the call for the legal reference of Art. 35.3 of the Workers’ Statute, where this obligation is established just for recording overtime hours, and despite the Article 12.4 of the said rule does specifically establish that obligation for part time workers (which are already duly informed, and to whom we sent the corresponding information circular and the registry forms), the purpose of the Labour Inspection and Social Security is to carry out with the implementation of a daily record of working hours for all the employees of the company, regardless of whether they are full time or part time employees. “…the company must implement immediately a system of working days’ record including the specific entry/exit time for each employee which must be at the place of work within that time. The company is entirely free to decide the specific format of such system, as long as the reliability and invariability of the input data is warrantied”.
For that purpose, in order to avoid eventual penalties due to the non-compliance of such obligations which, in opinion of the Labour Inspection and Social Security is an infringement of the rules with regard to the working days, the record sheet templates for the registration of the working days are now available to be filled by the employees, both for full time and part time employees. In case the company wants to carry out with the daily record on paper, we recommend the use of the templates attached.
Finally, and as a summary, the obligations would be as follows:
- System of daily registration of hours and working days.
- Inclusion in the registration of entry/exit time
- Copy of the time registration for the employee
- The registration system applies to all employees, both for part time employees (which were already obliged) and for full time employees.
- The registration system must be in the place of work at the disposal of the Labour Inspection, to avoid a later elaboration.
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