The recording of working hours was an approved norm. 2019 first government Pedro Sanchezwith the minister Magdalena Valerio In front of his work portfolio. It was the same will to enable an effective control of hours worked and to equate the Spanish work framework with the European work framework, where this obligation has been prevalent for years. To rationalize working times, extra hours (especially unpaid) and ensures that workers adhere to perceived breaks between shifts.
Four years later, the regulations leave a bittersweet balance. They work in Spain 8% more overtime each month – a total of 24.4 million – and almost half are not paid. At the same time, the number of multi-employed people 50 hours each week -the normal working day is 40- slightly reduced: according to the most recent data from the INE active population survey, they represented 8% of those employed in 2019 and have reached 7% today.
While the majority unions agree that imposing working hours—directly or indirectly—is not enough to give companies a shortcut, labor inspectors appreciate that this regulation gives them support in proving that working hours have been abused. templates.
One out of every two companies fails the Inspection
As it is a necessity for companies to record the working hours of their employees -May 2019- Labor Inspectorate 7,900 performances to verify compliance with the standard. Among them, he identified 4,232 violationsIn other words, more than half of the companies do not pass audit. Total collected in fines €6.1 millionplaces the average penalty ticket at: 1.440€According to the data provided by the autonomous body to the questions of EL PERIÓDICO DE CATALUNYA from the Prensa Ibérica group.
One of the criticisms leveled at the rule is that the cost of the fine does not have a deterrent effect. The cost of not having a record of the working day 751 and 7,500 eurosregardless of what the company is billing or how many employees it has on staff.
However, the requirement to keep track of working hours allows investigators to uncover other scams that entail greater penalties. As an example, only in 2022 detected ‘labor police’ 11,070 violations in time matters, such as working more than usual, unannounced hours, or no breaks. Total earnings for violating companies 13.7 million € in fines.
Particular attention should be paid to the lack of registration in companies with employees. part time. According to the inspectors consulted, a shortage often found is companies that hire someone for 20 hours a week and actually spend 40 hours. In this sense, according to a recent decision of the Galician Supreme Court of Justice, companies that do not record the hours of their workers on a part-time contract must pay them as if the day was full (TSJG). This means paying workers and Social Security for a period of up to four years.
What should the record of the day be?
The jurisprudence has made it clear that any registration system must meet two basic requirements: “aim” And “Trustworthy”. And each company fulfills these requirements in its own way. The most common among large companies is to use a computer application where each employee registers as they enter and leave, manages meal breaks or smoking differently, where case law does not have effective working times. like companies here factorial, intratime, woffu anyone bizneo We have done business providing these solutions to legal obligations.
Other companies, such as Zurich Seguros, opted for a workday registration system for the use of certain work tools, such as computers. As soon as the employee turned on his computer, the counter started to work and the moment he closed it, it turned off. The system has deducted two hours from the total calculation compared to an hour and a half. food and another half hour breakfast.
Among small companies, especially in industries such as hospitality or commerce, the most common method is a paper that the worker must sign and stipulate the times of entry and exit each day. A recurring pitfall here is that the employee limits himself to signing, and the boss fills in the rest.