Obligatory registration of workers’ day
With effects of May 12, 2019 Royal Decree-Law 8/2019, of March 8, urgent measures of social protection and fight against job insecurity in the working day modifies the art. 34 of the ET, establishing the duty of the company to guarantee the daily log of the working day, which must include the specific start and end time of the working day of each worker, without prejudice to the existing time flexibility.
The Workers’ Statute establishes textually the obligation to register the day in two cases in a specific way and another in a general way (the latter with effects of May 12, 2019):
Compulsory registration of the working day in “all” cases as of May 12, 2019
After the modification of art. 34, adding a new apdo. 9, the company has to “guarantee” the daily log of working hours, which must include the specific start and end time of the working day of each worker, without prejudice to the time flexibility that may exist in the company.
The organization and documentation of the day’s registration must be done by:
Collective negotiation.
Business agreement.
Decision the employer after consultation with the legal representatives of workers in the company.
Obligation to keep the records of the work carried out during four years.
Obligation to have the records available to workers, their legal representatives and the Labor and Social Security Inspectorate.
Extraordinary hours
The sec. 5, art. 35 ET, establishes << For the calculation of overtime, the day of each worker will be recorded day by day and will be totalized in the period fixed for the payment of the remuneration, delivering a copy of the summary to the worker in the corresponding receipt >> .
The company is obliged to give the worker, in each salary payment period, a proof of hours included in the receipt of wages.
Part-time workers
The sec. 4 c) art, 12 ET, establishes with regard to part-time workers << For this purpose, the day of part-time workers will be registered day by day and will be totaled monthly, delivering a copy to the worker, together with the receipt of salaries, of the summary of all the hours carried out in each month, both ordinary and complementary >>
In case of non-compliance with the registration obligations, the contract shall be presumed to be full-time, unless there is evidence to the contrary.
Mobile workers (drivers)
According to apdo. 10.bis point 5 of RD 1561/1995 << The employer will be responsible for keeping a record of the working time of mobile workers. This record will be kept, at least, for three years after the end of the period considered. The employer will be obliged to provide mobile workers who so request a copy of the record of hours worked >>.
Failure to comply with the obligation to register daily working hours
Following the new regulation by which section 5 of article 7 of the Law of Infractions and Sanctions in the Social Order has been modified, the breach of the registration obligation will be considered as a serious infraction in labor relations, punishable by according to article 40 with a fine between € 625.00 and € 6.250
In the event that the company makes such registration by automatic means, the obligation will be deemed fulfilled provided that said records can be transferred in the format requested by the inspection (Word, Excel, etc.)
We accompany you with the registration form for the day in case it might be useful for you. Registration Model Jornada