This royal decree law aims, first of all, to approve a series of social protection measures. Secondly, it introduces some measures to promote employment to guarantee the maintenance of employment in groups that are particularly sensitive to labor instability and employment. And, thirdly, with the aim of guaranteeing compliance with the limits on working hours, it establishes the registration of the mandatory working day for all cases, as a way to combat job insecurity.
The rule modifies article 34 of the Workers' Statute, incorporating the duty of the company to guarantee the daily registration of working hours. This obligation was already established for two specific cases: overtime and part-time workers. The new royal decree establishes the compulsory registration of the working day in all cases.
this obligation entered into force on May 9, 2019, 2 months after the publication of the royal decree law by which its mandatory nature was approved.
How to fulfill this new obligation?
The company must guarantee the daily record of the day.
It must include the specific start and end time of the working day for each worker, without prejudice to the flexible hours that may exist in the company.
I.- The record of the working day will be organized and documented by means of:
- Collective negotiation,
- company agreement or
- decision of the employer after consultation with the representatives of the workers
II.- The records will be kept for 4 years
III.- They will remain at the disposal of the workers, their legal representatives and the Labor and Social Security Inspectorate.
The law does not establish a way to register, leaving it to the discretion of the company.
If you still do not have a daily record of the day, you should know: If you have contracted workers and you have not yet adapted to this new regulation, you should know that, in accordance with the Law on Infractions and Sanctions in the Social Order (LISOS), not having a record of working hours is considered a serious infraction punishable by a fine of up to €6,250 (art. 7 SMOOTH).
You can consult the full text at: BOE no. 61 of 03/12/2019
Other links of interest:
Act on infractions and sanctions in the social order