Mandatory and regulated workday registration

Workday registration is mandatory for all companies in Spain. Failure to comply with this obligation can result in significant fines, exceeding €10,000, or the requirement to pay full workdays to part-time employees. According to Article 34 of the Workers’ Statute, companies must record the start and end of each employee’s workday and retain this data for four years.

The primary goal of this measure is to combat labor fraud, particularly in the registration of overtime hours. Additionally, the Labor Inspectorate may have remote access to these records to verify compliance with regulations.

Use of Biometric Data in Workday Registration

Since November 23, 2023, companies cannot require employees to use biometric systems, such as fingerprints or facial recognition, to register their workday unless explicit consent is obtained from the employee. This is because, under the General Data Protection Regulation (GDPR), such data is considered sensitive and requires voluntary and informed consent.

Exceptions:

• Biometric data can only be used if it is proven to be the only viable alternative and the employee has given explicit consent.
• Companies must inform workers of the associated risks, particularly in vulnerable situations.

Workday Registration and Its Impact on Part-Time Work and Overtime Hours

Recognition of Full Workday Due to Lack of Registration: When an effective workday registration is not carried out, companies must recognize part-time work as a full workday, in accordance with Article 12 of the Workers’ Statute. This was confirmed in Judgment 651/2023 by the High Court of Justice of Galicia:

• In this case, a part-time worker filed a complaint against her company after receiving an incorrect settlement.
• Failure to maintain an accurate record led to the presumption that she worked a full day, requiring the company to pay the difference.

Breaks and Workday Registration: The Supreme Court upheld that companies can require employees to register their breaks (such as smoking or breakfast breaks) and deduct them from the total workday. This control is deemed fair and does not alter the labor conditions, according to a ruling related to Galp gas stations.

Payment of Overtime Without Workday Registration: The High Court of Justice of Catalonia (TSJC) ruled that if a company fails to present the mandatory workday registration, it must pay the claimed overtime hours. In one case, the TSJC recognized 1,250 overtime hours and ordered payment with a 10% interest for delay.

Repetition of Court Cases Due to Lack of Evidence: The High Court of Justice of Madrid (TSJM) ordered a case to be retried after workday registration was not accepted as key evidence. This ruling emphasized:

• Since 2019, companies have been required to register work hours.
• Lack of registration creates imbalances in overtime-related cases, infringing on workers’ rights.

Companies’ Obligations

Since 2019, workday registration has been mandatory for all companies, governed by the Royal Decree-Law 8/2019 and Article 34 of the Workers’ Statute. Below are the key requirements to comply with this regulation:

1. Content of the Registration:
   • The record must show the start and end times of each worker’s shift.
   • The registration must be clear and precise, ensuring the accurate calculation of worked hours.
   • Data must be kept for at least four years and be available to workers, legal representatives, and the Labor Inspectorate.
2. Registration Mode:
   • While there is no official format, the system must be reliable and accessible, preferably computerized.
   • Methods such as paper logs without employee signatures or without the end time are considered invalid.
   • Remote workers must also record their hours, ensuring digital disconnection rights.
3. Mandatory Breaks:
   • A minimum 12-hour break must be respected between shifts, and workers are entitled to a minimum weekly break of one and a half days.

Impact of Court Rulings

Several recent court decisions have reinforced the importance of workday registration in safeguarding labor rights:

• Recognition of Full Workday: If the registration is not completed, a full workday will be presumed for part-time contracts (Article 12 of the Workers’ Statute).
  • Example: Judgment 651/2023 of the TSJ of Galicia condemned a company to recognize full-time work and pay salary differences due to the absence of proper registration.
• Overtime: The lack of workday registration shifts the burden of proof to the company, which must prove the actual hours worked.
  • Judgment 4056/2023 of the TSJ of Catalonia: The company was ordered to pay the overtime claimed by an employee.
• Repetition of Court Cases: Rulings such as Judgment 745/2024 of the TSJ of Madrid underline that lack of registration as crucial evidence results in a denial of due process, necessitating a retrial.

Penalties for Non-Compliance

Failing to register work hours is classified as a serious offense, with penalties ranging from €751 to €7,500, and could exceed €10,000 according to proposed government measures.

Proposals and Recommendations for 2025

1. Remote Access for Inspection: The Ministry of Labor has proposed implementing digital systems that allow the Labor Inspectorate to access workday records in real time.
2. Mandatory Digitalization: Companies will be required to adopt digital systems to ensure accuracy and prevent manipulation of workday records.
3. Increased Focus on Inspection: The Labor Inspectorate will intensify its surveillance of workday registration compliance, especially focusing on the new 37.5-hour weekly workday.

Workers’ Refusal to Register Hours

If employees refuse to register their work hours, it may be considered a labor offense. Penalties will vary depending on the severity of the refusal:

• Isolated cases: Warnings will be issued.
• Repeated refusal: This could lead to suspension or even dismissal.

This legal framework, along with recent court rulings, underscores the importance of workday registration as an essential tool for protecting workers’ rights and ensuring that companies comply with labor laws.

Final Summary

Proper implementation of workday registration is crucial to avoid penalties and ensure that workers’ rights are respected. Companies must ensure that this process is clear, precise, and accessible, adopting digital systems that facilitate supervision and compliance. The Labor Inspectorate plays a key role in this process, and recent judicial rulings reinforce the importance of maintaining accurate records, both for protecting employees and avoiding legal and financial consequences for companies.