The Registration of the Working Day has been modified under the auspicies of RDL 8/2019, of urgent measures for social protection and the fight against precarious work in the working day.
Rule subject to be validated by the Permanent Deputation of the Congress of Deputies, given that the Courts are dissolved on the occasion of the call for general elections on 28 April.
Next, we analyze the main modifications contained in this Royal Decree Law. The most significant modification is the one that affects article 35 of the Workers’ Statute and article 7 of the Law on Violations and Sanctions of the Social Order. Both modifications are related to the Workday Register.
Article 34 of the Revised Text of the Workers’ Statute is modified by incorporating section 9. Incorporating the obligation to register working hours in companies, the effectiveness of which will enter into force within 2 months in accordance with the provisions of Final Provision Six.4 (next 12 May).
Registration of the Working Day. New Obligations.
- To guarantee the hourly registration of the working day. This must include the specific start and end times of each worker’s working day. Without prejudice to the flexible working hours established in the bylaws.
- Organize and document the record of working hours. Either through collective bargaining or company agreement. Or, failing that, by decision of the employer after consultation with the workers’ representatives in the company.
- Keep records for 4 years. In addition, to have them at the disposal of workers, their legal representatives and the Labour and Social Security Inspections.
Likewise, paragraph 7 of the aforementioned article 34 of the ET is redrafted to enable the Government to establish, at the proposal of the head of the Ministry of Labour, Migration and Social Security and after consulting the most representative trade unions and employers’ organizations, specialities in the obligations of registering working hours for those sectors, jobs and professional categories that require it due to their peculiarities.
On the other hand (through article 11), article 7.5 of the Law on infractions and sanctions in the social order is modified. Classifying as a serious infraction the transgression of the norms and the legal limits or agreed in this matter.
For this reason, the amount of the sanction can range from €626 to €6,250.
From our Labour Consulting Department we can help you in the control of this Registry of the Working Day. For this we have a digital application through our “Employee Portal”.
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Labour Consulting