What happens if my employees do not sign correctly? or "I'm late for work … Can my partner sign for me?”The same situation reflected on both sides of the same coin.
Both situations are a classic faced by businessmen and human resources personnel in companies since last May 12, the day on which the regulations for the registration of the working day became effective.
Implementing the registration of workers' working hours is not a simple practice for some companies and employees. Despite putting all the facilities to carry it out, either through the traditional signature sheets or through automated systems, sometimes they are the ones themselves workers those who They forget to record the beginning or end of their day labor.
No doubt this problem is common and, although these oversights are not the fault of the employer, who has placed and arranged the necessary means for proper registration, if we have a labor inspection, the penalties directly impact the company.
How should a company act in the face of incidents in the day's registration?
Once again, we have had an expert to answer this frequently asked question about the Law of Time Control.
Fernando Monter, Lexiber labor lawyer, explains that the legal way to act in these incidents is recording them always in a reliable and non-manipulable way.
Recall that, to adapt a company to the Schedule Control Law and that the registration of its employees is correct, it must:
- Make a Total computation every month of ordinary and overtime.
- Keep records of the day for a minimum period of 4 years.
- Deliver a copy of the summary to the worker next to his payroll. Although there is no obligation to provide employees with a copy of their labor record, transparent communication between them is recommended to give the possibility to verify that the registration is correct.
Automation of warnings in the event of signing incidents
As Fernando comments, there is an advantage in the digitization of the working hours register in front of the classic paper and pen register.
On the one hand, a signing tool allows to establish an alert system in case something does not work or registers as it should. On the contrary, if this monitoring of the presence of employees is done manually, there is a possibility of a human error such as not remembering the hours worked that day or not being able to justify that incident. In addition, we also add the difficulty of recording that incident or your request for modification or justification.
In addition to the fact that solutions such as Sesame allow you to set reminders that notify both the tool administrator and the user that a lack of signing has been detected at the expected time, they also allow you to register a system of sign-in incidents as well as their resolution.
What to do in case the workers do not sign correctly?
According to the Statute of Workers in its Article 58 Workers' offenses and penalties "The workers may be sanctioned by the management of the companies by virtue of labor breaches, in accordance with the graduation of faults and penalties established in the legal provisions or in the collective agreement that is applicable"
This means that The incorrect registration of a workday can be considered as a labor breach. In the event that an employee misregistered his day and there is no record of his hours worked, it is as if the worker had been absent.
As a general rule, the procedure begins by notifying the fault and, in case it is repeated, the worker will be sanctioned according to the graduation of faults established in the legal provisions or in his agreement.
What happens if a company does not correctly record the working hours of its employees?
Sanction. Exactly, Labor Inspection contemplates in the event that a correct record of the working hours of all workers is not kept (without exceptions). These are economic: fines ranging from 60 to 187,515 euros as classified as mild, serious or very serious.