The obligation for companies to guarantee the registration of working hours is established.
Last 12 March 2019, has been published on Royal decree law 8/2019, from 8 March urgent measures for social protection and the fight against job insecurity in the workday.
What does the Decree indicate?
In said standard, among other issues, the article reform 34 of the Workers' Statute, related to the working day, indicating that "The company will guarantee the daily record of working hours, which must include the specific start and end times of the workday of each worker, without prejudice to the time flexibility established in this article”.
How should the registration of the day be organized??
The Royal Decree Law, refers to the collective bargaining or business agreement or, failing that, decision of the employer after consultation with the representatives of the workers, to organize and document this record of working hours, said records must remain during 4 years, modifying the Law of Infractions and Sanctions in the Social Order to include it within serious infractions.
When does it come into force?
This record It will enter in vigor two months after publication in the BOE, this is, the 12 May 2019.
Is this law mandatory?? If I do not comply with the law, can I be penalized??
Yes, in line with this reform, Parallel to this same rule, has modified the Law on Violations and Sanctions in the Labor Order, and specifically your article 7, apart 5, classifying as serious infractions "the transgression of the norms and the legal or agreed limits in terms of working hours, night work, extraordinary hours, complementary hours, breaks, Vacations, permissions, journey record and, usually, the working time to which the articles refer 12, 23 and 34 a 38 of the Workers' Statute”.
Definitely, this Royal Decree Law aims to establish a record of working hours, for the purpose of guaranteeing compliance with the limits regarding working hours, creating a legal security framework for both workers and companies, while enabling the control by the Labor and Social Security Inspectorate.