The recording of working hours was once an accepted standard. In 2019, the early government of Pedro Sánchez with minister Magdalena Valerio highlighted a push to modernize the work framework. The aim was to create an effective system for tracking hours and to align the Spanish model with the European Union framework where such obligations have existed for years. The intention was to rationalize work time, curb excessive and unpaid overtime, and ensure that breaks between shifts were observed.
Four years on, the regulation presents a nuanced picture. In Spain, overtime rises by about 8 percent each month, reaching roughly 24.4 million hours, with nearly half going unpaid. At the same time, the share of workers with multi employments at 50 hours per week has slightly fallen, from 8 percent of employed people in 2019 to about 7 percent today, according to the latest INE active population survey.
Most unions agree that simply mandating work hours does not guarantee that companies do not seek shortcuts, but labor inspectors acknowledge that the rule provides solid backing for proving that working hours are being distorted. The measure also supplies templates and guidance for enforcement.
One out of every two companies fails the Inspection
Businesses must record the hours of their employees. In May 2019, the Labor Inspectorate carried out 7,900 checks to verify compliance, with 4,232 violations discovered. In practical terms, more than half of the companies audited did not meet the rule. The fines collected totalled €6.1 million, placing the average penalty at around €1,440, according to data provided to the press by the Autonoma body answering questions from a major regional newspaper group.
Critics argue that the size of the fine does not deter breach. The cost of missing a daily time record can range from €751 to €7,500, regardless of a company’s billing or its headcount.
However, maintaining a hours register helps investigators uncover more serious violations. For instance, in 2022 the labor police identified 11,070 infractions related to time management, including excessive hours, unannounced work, or skipped breaks. The total fines levied on offending companies reached €13.7 million.
Particular attention is drawn to the absence of time records in firms with part time staff. Inspectors note that some companies hire staff for 20 hours a week but require 40 hours. A recent ruling by the Galician Superior Court of Justice states that firms failing to record part time hours must compensate workers as if the day were full, potentially affecting both wages and Social Security contributions for up to four years.
What should the day’s time record look like?
Judgments have established two core criteria for any timekeeping system: accuracy and reliability. Each company implements these principles in its own way. Large organizations typically use computerized systems where employees log in and out, record meal breaks or smoking breaks, and ensure that the recorded times reflect actual hours worked. Vendors such as a variety of software providers offer solutions that meet these obligations and help manage compliance.
Other firms, such as Zurich Seguros, chose a system tied to the use of specific work tools. When an employee powers up a computer, the counter begins; when the device is shut down, the count stops. In this example, the system reduces the total by roughly two hours compared to a traditional calculation, accounting for meals and a morning break.
Among smaller enterprises, especially in hospitality or retail, a paper-based method remains common, with workers signing daily entry and exit times. A frequent snag is that the employee may sign while the supervisor fills in the remainder.