Record of the Working Day: Know your Labor Rights

Record of the Working Day: Know your Labor Rights

Since 2019, companies are required to record work day of its employees in our country. Although this measure was intended to guarantee compliance with schedules in order to avoid irregularities and fraud, even today many people are unaware of its true terms of application.

If you like know the labor rights offered by the Work Hours Registry, we explain it to you in detail.

A Workday Record to fight unpaid overtime

The Record of the Working Day aims to meet the necessary requirements for guarantee the rights to economic compensation from the workers. Fraudulent practices related to not pay overtime hiring only part of the worker’s effective schedule or non-compliance with schedules, are appeased by the electronic record of the journey.

The regulations for the registration of working hours issued by the General Directorate of Labor specify that the Record of the Working Day should apply to all workers. Regardless of your group or professional category, the sector of activity in which you operate or the size of the company for which you carry out your activity.

This regulation applies as long as the fundamental premise is met raised in article 1 of the Workers’ Statute (ET), which refers to “workers who voluntarily provide their paid services on behalf of others and within the scope of organization and management of another person, physical or legal, called an employer or entrepreneur.”

Human Resources team managing the registration of the working day

What obligations does the company have?

The employer obligations In this sense they are clear, and all companies must comply with these essential requirements:

  • Carry a start and end time record of the day. You must pick up all your workers on a daily basis and regardless of the type of work carried out by the worker.
  • This record must be keep for four years.
  • Registration information must be available to workers union representatives or labor inspectors.
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In order to carry out this registration work, there is no specific modality. That is, there is no single method to use. Each company can implement the control of hours worked that best suits its needs, which can be both in paper and electronic format.

Although you must keep in mind that the use of one or another registration option must be carried out through collective bargaining or company agreement.

Also, keep in mind that this labor compliance does not exempt you from respecting the rights of workers regarding the Protection of Personal Data and guarantee of digital rights. Including issues such as computer monitoring or recording using a camera circuit.

Also read: Do you Work on Christmas? This is How you Should Get Paid for Holidays.

What happens if there is a breach in the time registration?

The legislation on labor registration has already imposed numerous sanctions to inspected companies, for not complying with these regulations. Labor inspectors can request attendance reports and, if any irregularity is observed, sanction the company in question.

For the assumption of non-compliance with work time registration, the law on infractions of the Social Order provides different fines depending on the seriousness of the offense. If hours are not recorded, the slightest offense includes fines ranging from €60 to €625. This sum increases depending on whether the infraction is minor, serious or very serious.

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