Spain Prepares New Rules for Digital Time Tracking

Six years after establishing the obligation for employers to keep a daily record of employee working hours, Spain is preparing a new set of rules. The changes include requirements to keep digital records and make them available for employees remotely.

The changes follow the amendment of Article 34 of the Workers’ Statute in 2019. Since then, Article 34 requires employers to keep daily records of all working hours, keep these records for four years, and ensure accessibility to employees, legal representatives, and labour and social security inspectors.

A new draft bill is currently in the Spanish parliament, aiming to update Article 34. It is the result of a negotiation with trade unions and employers. A reduction of the working day is part of the negations, as well as a reform of the working time register. One significant change is the mandatory use of a digital register from the publication of the new law. The record made by digital means should guarantee effective compliance with multiple requirements.

Requirements to your time tracking solution

What does this mean for your time tracking solution? The draft bill states that the objectivity, reliability and accessibility of the working day must be guaranteed. Therefore your system should meet the following requirements:

1.      Employees have to be able to record their working time personally, including regular, irregular hours and overtime.

2.      In the register, it has to be clear which data in the register belongs to which employee, as well as any possible modifications that have been made to the entry.

3.      The information must be contained in a format that is treatable, legible, and compatible with those in general use for the company, the employees, and the authorities.

4.      Employees, their legal representatives, and labour and social security inspectors may immediately access the register at the workplace, and at any time. In addition, the register must be accessible remotely for them.

5.      The employer will keep records and summaries for four years, and make them available for the employees, their legal representatives, and labour and social security inspectors.  

Impact on your business

Most of the information that is in the draft bill of Article 34 comes as no surprise. What is new, however, is the requirement to make the register available remotely to employees, their legal representatives, and labour and social security inspectors. This means that even if you have a digital working time register, you might still not meet your legal requirements when the new bill comes into effect.

This makes it the perfect time to (re)consider your clocking-in system. These are crucial for legal compliance. Not only does it clearly identify each employee and their working time records, it also improves the accuracy of your payroll system. If you choose TimeMoto Cloud, which is – by design – available for both on-site and remote employees, you can also improve your workforce planning and reporting, with multiple advanced features.

Your time tracking solution

You can use TimeMoto Cloud as a standalone Cloud solution with a web service and mobile app, or even use it with a TimeMoto Time Clock for clocking in on-site. It’s up to you. If you are new to employee time recording, please read our guide to help you decide what works best for your business.

Prepare now to operate under the new legal framework by implementing TimeMoto as your digital time and attendance solution. Where to begin? Start your free 30-day trial of TimeMoto Cloud and discover all features of our most extensive Plus Plan.