Companies have a week to avoid a fine of € 6,250. Do you already have a time control system?
Companies must guarantee the registration of the working day, this must include the specific start and end time of each worker, notwithstanding the existence of flexible hours.
The Royal Decree-Law 8/2019, of March 8 urgent measures for social protection and the fight against job insecurity, modifies art. 34 ET, establishing the duty of the company of guarantee daily logging.
The organization and documentation of the day must be carried out:
- Collective negotiation
- Company agreement
- Decision of businessman and legal representative from the workers
- Need to save the record during 4 years
- Need to arrange the recordss for all workers, their legal representatives and the Labor and Social Security Inspection
Registration of the entire working day
Not only will part-time or overtime contracts be registered, all companies must guarantee the daily registration of their entire workforce, stating the entry and exit of each person.
This record does not replace:
- Overtime
- Part-time workers day
- Special days regulated in RD 1561/1995
Term of adaptation and defaults
The companies have arranged two months since the publication of the royal decree in the Official State Gazette (03/12/2019) to implement this measure, so that on May 12 a time control system must be implemented.
As for the infraction, it will be considered serious not to have the registration of the sanctionable day with a maximum fine of € 6,250 (section 5 of article 7 LISOS). In the case of finding multiple breaches of the rule, which affect different workers, a single sanction is imposed.
The ITTS may request a record of hours worked, resulting The absence of a global record of the entire working day is punishable.
What registration system can we implement?
The type of system will respond to the free choice of the company, as long as it guarantees the reliability and invariability of the data and reflect, at a minimum, each day of service provision, the start and end time of the day. They can be manual, analog or digital systems.
Systems like Sesame, can be your biggest ally. An updated system, in accordance with the new legislation and with multiple functionalities that will adapt to all workers.
