After 9 months of the entry of the obligation for all companies to register, on a daily basis, the working hours of employees, either if they work in the company premises or at home (posts of March and April 2018), and given the experience accumulated in this period by companies, it is time to review the registry protocols and make future decisions.
In addition, as this obligation affects business models and activities that promote and require more labor flexibility, conciliation, non-presenteeism, which in some ways can make it difficult to meet objectives in this line, we recommend carrying out an analysis of the situation in the organization in order to establish REGISTRATION PROTOCOLS suitable for each organization, taking into account the following:
- The review of the experience and incidents that may have occurred in the registration process of the day in the initial months of application of the obligation.
- Review of the systems used for their control and adaptation to the specific needs of each organization.
- Control of compliance with other obligations arising from the control system: personal data, privacy, etc.
With all this, the company will be able to establish regulations that will allow the organization to establish security protocols that avoid misunderstandings, discretion in the registry that can generate overtime not agreed and penalties to the company, clarity in the obligations of the parties and greater security for all employees with the establishment of clear rules, respecting the legal obligations in each case.
We must not forget that failure to comply with the registry constitutes a serious labor offence, punishable by a fine of between 626€ and 6,250€. But, most importantly, if not properly controlled, registration can lead to violations and very high costs for companies that can be avoided, or reduced, through appropriate policies.
For all these reasons, at UHY Fay & Co we are at your service to analyze the situation of your company and establish the POLICIES/ PROTOCOLS required to minimize the risks that can arise from compliance with the regulation on hourly registration.
Lydia barrena
Senior Manager Labour & Employment Law
lbg@uhy-fay.com
