Labour law & regulations

Why do I need to record work hours in Spain?

In Spain, recording work hours is very important. A fundamental piece of legislation is the Spanish Workers’ Statute (Estatuto de los Trabajadores), which outlines the rights and duties of employees and employers in Spain. One of the most recent updates to the statute is the requirement for employers to record the work hours of their employees. This change was implemented to ensure that employees are not overworked, to combat job insecurity and to improve personal life and family reconciliation.

Another crucial source of labour relations are Collective Bargaining Agreements (CBAs). These are negotiated at industry level or even for specific companies by employer and employee representatives. CBAs are legally binding agreements which set out terms and conditions of employment, including issues related to time and attendance. In some cases, CBAs might grant better rights to employees regarding specific working conditions (i.e., annual leave, holidays).

Recording work hours is mandatory

The obligation to record work hours has been a topic of much discussion, with some employers expressing concern over the administrative burden of compliance. However, the Spanish government has emphasized this requirement's importance in protecting workers' health and wellbeing and ensuring fair labour practices.

In March 2019. the government approved a modification of Article 34 in the Workers Statute that came into force in May 2019. This was to establish the obligation to record the beginning and end of the working day. Employers were required to keep a daily record of working hours, keep this registry for 4 years and make sure it remains available to all employees, legal representatives, and labour and social security inspectors.

Remote working

Like in many other countries, working culture in Spain has changed substantially through flexible hours and hybrid working. Naturally, laws have to be updated to our changing realities. This is why the Spanish government regulated remote working (Royal Decree-Law 28/2020, of 22 September, on remote work). As clocking is mandatory for all employees despite the industry or the company’s size, article 14 of this law says that time registration, as regulated in article 34.9 of the Workers’ Statue, must faithfully reflect the time an employee dedicates to work activities. The solution should do so without prejudice to the flexibility of hours and must include, amongst others, the start and end time of the day.

In regard to changing working culture and new laws, a shift is visible among employers towards cloud-based time and attendance solutions. This makes sense, because of the ease of use these offer for both on-site and remote workers.

Use of Biometric data

Several of our Time Clocks use biometric authentication methods for user identification. Late 2023, Spain has updated and tightened up regulations concerning the use of biometric data. As a result, companies that want to use biometric data are required to make a DPIA (Data Protection Impact Assessment.

The Spanish data protection authority (AEPD) has published guidelines on carrying out a DPIA. Alongside a guide, the authority has also published a tool to evaluate GDPR risks. This helps data controllers identify risks, including the need to carry out a DPIA, and estimate the residual risk if measures and guarantees are used to mitigate these risks. A template of a DPIA published by the authority is available as well.

In case you wish to stop using fingerprint or face recognition as identification method, you can always switch to using PIN, RFID badges or RFID keyfobs. All our Time Clocks are designed to work with these identifications methods.

How can TimeMoto help you?

TimeMoto offers the ultimate solution to register working hours and manage your workforce reliably. Our beautifully designed time clock systems provide accessible clocking using advanced methods such as RFID, MIFARE, DESFire fingerprints and face recognition. Your employees can clock in and out within seconds while you can monitor and measure their working hours in real time with TimeMoto Cloud.

The technology is absolutely secure and compliant with European privacy regulations, thus providing convenience for your team and security for your business. Seamlessly integrated with our Time Clocks are the TimeMoto Cloud Plans. These Plans offer an array of features for time and attendance management, planning and, above all, reporting. That includes real-time insights on who’s working and how long, detailed overviews and reports on absences, as well as holiday requests and overtime hours.

Full transparency and optimal flexibility

TimeMoto Cloud Plans are compatible with all our Time Clocks and with a web service and our free mobile app, built to clock in and out wherever you want. This makes it a solution that is not only perfect for on-site employees, but also facilitates remote workers who can clock in with their computer or in the app with TimeMoto Cloud.

To guarantee full transparency, TimeMoto Cloud provides a clear audit trail of all clocking events. It offers many features that help you manage and plan absences, holidays, and overtime. View reports on worked hours and receive notifications to stay up to date. Our TimeMoto time and attendance solutions are so flexible that they can cover all local implementations of labour law within, as well as outside, the EU. Taking account of your local labour laws, TimeMoto helps you comply with a system that is easy to use while providing you with all the insights you need to stay on top of time & attendance.

Click here to check out our full product range, or start your free TimeMoto Cloud trial now.

Need help choosing the best solution? Please feel free to contact us for all your questions.