On April 4, 2019, the R.D.L. was validated by the Permanent Deputation of Congress. 8/2019, of March 8, on urgent social protection measures and the fight against job insecurity during the working day, by virtue of which, and with effect from May 12, 2019, the obligation for all companies comes into force “guarantee the daily recording of the working day, which must include the specific start and end time of the work day of each worker, without prejudice to the time flexibility that is established….”
This obliges all companies to record, day by day, the work day carried out by their entire staff, recording the arrival and departure times.
Work calendars and quadrants with schedules are not considered a record of the day for the purposes of the provisions of the Workers’ Statute.
If the company has several work centers, the obligation extends to the company having workday registration systems in each of them.
The organization and documentation of this registry will be established through collective bargaining (Collective Agreements) or by agreement with the legal representatives of the workers if they exist in the company or, failing that, the employer can decide what the system to use for recording the day.
Except for what is established in each case in the applicable Collective Agreement and the agreements that may be reached with the legal Representatives of the workers, currently, there is no official model for recording the working day.
The company has the obligation to keep the workday records for four years and make them available to the workers, their legal representatives and the Labor and Social Security Inspection.
Failure to comply with the obligation to record the day is a serious infraction, punishable by a fine that at its minimum amounts to €625, and may reach a maximum amount of €6,250.