Daily register of the working days in Spain: The Labour Inspectorate releases a Technical Guidelines

Daily register of the working days in Spain (control of working hours in Spain according to Royal Decree Law 8/2019 of 8 March).

We explain you the main keys of the Technical Guidelines published on June 10, by the Spanish Labour Inspection (CT 101/2019 on the performance of the Labor and Social Security Inspectors in terms of the register workdays).

• What to register

What is necessary is to register the daily working day of each employee.

It is not expressly required to register the interruptions or breaks existing during the workday of the employee that cannot be considered as effective work time.

Anyway, it should be desirable to do ir (register the breaks) because if the company don´t do it, this can work against the company.

• Registration and flexible working hours

The registry is configured without prejudice of the flexibility established in the Spanish Worker´s Statute, ET in Spanish (articles 34.2 and 3 of the ET).

This supposes that the the register should be done in a comprehensive manner, taking into account all the possibilities allowed by the labor rules in terms of the distribution of working hours.

• An objective and reliable system

As provided for in the decision of the Court of Justice of European Union of May 14, 2019, the implemented system must be objective and reliable, so as to allow computing the daily workday carry out by each worker.

• Daily register

The register must be daily. It doesn´t work the exhibition of the general schedule (labor calendar) neither the schedule quadrants.

The reason, justifies the Labour Inspection is that they are formulated ex ante and will determine the work forecast for that period, but don´t reflect the hours actually worked on it, which will only be known ex post as a result of the daily register.

• Register shall be retained

The company must keep the registers of working days during four years. As the rule doesn´t establish anything about the way, the company can choose the way.

However, the company must guarantees the reliability and veracity with respect to the data.

6. About copies of the register

The company is not required to give a copy of the register to employees.

What is required is to make them available to employees, their representatives or the Labour Inspection.

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