As you know, companies operating in Spain are obliged to keep a record of workers' attendance. However, there is still uncertainty about how best to do it. In this post, we explain everything you need to know about the law regulating recording time at work and signing in and out, as well as safetechnological solutions available for this.
What legislation regulates recording workers' attendance at work?
The law on recording employee attendance at work is Royal Decree-Law 8/2019, March 8, on urgent measures for social protection and to combat job insecurity in the working day, published in the BOE (Official Gazette) on March 12, 2019. Article 10 establishes the specific regulation on recording working hours, modifying article 34 of the Workers' Statute.
What does the rule say about recording time at work and signing in/out?
The main objective of the law on recording time at work is to ensure the working time stipulated in contracts is followed and the amount of overtime does not exceed the maximum allowed. It also aims to reduce absenteeism and unjustified delays by employees.
The Royal Decree-Law obliges companies to implement a daily time at work recording system. Specifically, the clocking in and out time of each employee needs to be recorded. Companies must keep this data for 4 years, and make it available to workers, unions and the Employment and Social Security Inspectorate, which is the entity responsible for monitoring compliance with the law.
Companies that break the law face penalties of between €626 and €6,250, depending on the severity of the violations. Hence the importance of having adequate daily time at work recording systems for staff.
What time recording systems can be used?
The law does not establish a specific method to record working time; limiting itself to saying it will be established via collective bargaining between the company and workers' representatives. However, if there is no agreement, the employer will decide how this is done. Below are some of the time recording systems that can be used:
Every day, employees fill in their work entry and exit times on a piece of paper, and sign them to certify their authenticity. This is the cheapest procedure; however, it is open to possible fraud, as there is a risk that what is noted does not correspond to reality. Also, the chances of records being lost or damaged are high.
In this case, the entry and exit times of each user can be recorded by a computer program, which is a useful method for workers who perform their tasks on a computer. However, the machine may take too long to boot or workers may forget to clock in at the beginning or end of their work period.
The main advantage of access control systems is that they use reliable and intuitive identification mechanisms, based on Bluetooth, Code, Proximity and Online opening technologies, MiFare proximity card or a numeric key. The software installed makes it possible to record workers' time at work remotely with a total guarantee of data safety and storage.
Thus, pedestrian access control systems allow clocking in at work via waist- or full-height turnstiles or gates. Likewise, access and presence control systems make it possible to monitor the entry of employees in different locations, such as meeting rooms, lifts and common areas in hotels, offices and institutional buildings.
Whichever method is chosen, companies must ensure workers' time at work is recorded correctly. If you are interested in installing safe time recording devices, do not hesitate to contact us. We will study your case and offer you the technology that best suits your organisation and needs.