Companies must record the working hours of workers
On 12.03.19, Royal Decree Law 8/2019 on urgent measures for social protection and the fight against precariousness in the workplace was approved (BOE 12 March). Among other social issues, the decree approves the controversial obligation to register working hours for all types of working day.
The amendment is made by adding a new section 9 to Article 34 of the Workers’ Statute, which establishes the obligation of companies to keep a daily record of their working hours, which must include the specific starting and ending times of each worker, without prejudice to the flexible hours established in the Workers’ Statute.
This Decree does not specify or specify the way in which this register is to be kept, but merely states that by means of collective bargaining or a company agreement or, failing this, a decision by the employer after consultation with the legal representatives of the workers in the company, this working day register shall be organised and documented.
The company shall keep the records referred to in this provision for four years and they shall remain at the disposal of the workers, their legal representatives and the Labour and Social Security Inspectorate.
The transgression of the norms and legal or agreed limits in the matter of working hours, night work, overtime, complementary hours, rests, vacations, permissions, registration of working hours and, in general, the working time will entail sanctions from 206 to 6,250 euros, since this Royal Decree also entails the modification of art. 7 of the LISOS, specifying with it the amount of the sanctions for noncompliance with said obligation.
The creation of the working day register ensures the conformity of European regulations with the European order in view of the recent conclusions of the Advocate General of 31 January 2019 in case C-55/18 in which the adaptation of Spanish legislation on working time to the aforementioned Directive is questioned, it is stated that European regulations impose: “undertakings to introduce a system for calculating the actual working time of full-time workers who have not expressly undertaken, individually or collectively, to work overtime and who are not mobile workers, merchant navy workers or railway workers, and precludes national legislation which does not provide for such an obligation’.
Likewise, section 7 of article 34 of the ET is modified in the sense that the Government is empowered, at the proposal of the head of the Ministry of Labour, Migration and Social Security and after consultation with the most representative trade union and business organisations, to establish extensions or limitations in the organisation and duration of the working day and breaks, as well as specialities in the obligations to register the working day, for those sectors, jobs and professional categories that require it due to their peculiarities.
The registration of the daily workday will be compulsory two months after the publication of the Decree in the BOE, that is, from 12.05.19. However, the rush of the Government and the lack of development of the rule raise many questions about the practical application of the rule that ensure one more chapter on the controversial registration of the working day. For its resolution, we guarantee that our professionals will follow closely any new development that may occur in this matter, so do not hesitate to contact us.