Although the day register has been in force for years, doubts persist. The Directorate General of Labor has published a guide that, without being binding, serves as a compass to correctly apply this obligation.
As you may already know, since the entry into force of Royal Decree-Law 8/2019, companies are obliged to keep a daily and objective control of the working day of each worker. What seemed like a simple task has become, in many cases, a headache full of doubts, interpretations and fears of possible sanctions.
For this reason, in this circular we summarize the essentials that the Directorate General of Labor has published an informative guide that, without being legally binding, offers clear criteria on how this record should be applied.
1. To whom does the obligation to record the working day apply?
To all employees, regardless of their category, professional group, sector or working day (full or part-time). It makes no difference whether they work in an office, remotely or on the move. The obligation falls on the employer, who must ensure that the system works and is applied daily.
2. Are there exceptions to this obligation?
Yes. The daily log does not apply to:
- Senior managers, covered by Article 2.1.a of the Workers’ Statute.
- Self-employed, even if they work for a client company.
Attention. Other groups with their own sectorial regulations (for example, sea or transport workers) may have particularities that should be consulted on a case-by-case basis.
3. What about workers in special regimes?
The guide indicates that there is no single answer. Although some regimes have their own regulations, this does not per se exempt from time control if there is an employment relationship subject to ET. For example, in the case of cooperatives, it will be necessary to comply with their bylaws and the specific applicable legislation.
4. What should the register show?
The start and end of each worker’s working day. It is not enough to indicate the number of hours. A specific start and end are required. This makes it possible to check whether the agreed working day, the rest between working days and the legal limits are being respected.
5. Should breaks be recorded?
It is not mandatory, but it is highly recommended, especially if they are part of the actual working day.
Including breaks helps to justify deviations and avoids conflicts. If they are not recorded, it can be assumed that all the time elapsed between entry and exit is time worked.
6. Should actual working time be reflected?
Yes, indirectly. Although the law does not require a breakdown of what part of the time was worked, the clock-in and clock-out computation allows this to be inferred. The employer must be able to justify rest time or time not actually worked if he wants to exclude it from the calculation.
7. Can I generically record a standard working day?
No. The working day must be recorded on a day-by-day basis. Predefined or generic models, with no real time stamps, are not valid, unless they coincide exactly with the agreed schedule and there are no deviations. In practice, it is risky.
8. What if there is time flexibility?
It must still be registered. The registry does not assess whether the working day is flexible or not, but whether the hours and legal breaks are complied with. Flexibility does not eliminate the obligation; it only modifies the pattern.
9. Is a signed document valid daily?
Yes, if it reflects the start and end of the workday for that day. A weekly or monthly signed sheet is not enough. Daily nature is essential.
10. Is there an official record keeping model?
No. The Ministry has not approved or required a single format. Each company can implement the system it deems appropriate, if it is objective, reliable and accessible to inspection, workers and legal representatives.
11. Can it be done by hand?
Yes, although it is not ideal. Signed manual records are valid if they are daily, complete and properly kept. However, they do not offer the same traceability and security as digital ones and may raise doubts about their integrity.
12. Are apps or digital tools valid?
Yes, many companies use digital systems, mobile apps or RFID cards. The important thing is that the system does not allow alterations and guarantees the traceability of the records.
13. Who is responsible for the custody of the records?
The company is responsible, and must guarantee their integrity, availability and immediate access in case of inspection.
14. What characteristics must the system have?
- Reliable (non-manipulable).
- Objective (reflects the actual working day).
- Accessible (inspection or worker can consult it).
- Secure (complies with data protection regulations).
15. Does the employee have to be given a daily copy?
It is not obligatory, unless it is required by the collective bargaining agreement or is expressly agreed.
However, the employee has the right to access his or her records upon request.
16. How long do the records have to be kept?
Four years. And during that time, they must be immediately available to the Labor Inspectorate.
17. Where should they be kept?
At the workplace or on a digital medium accessible from the workplace. It is not necessary to maintain a physical folder, but there must be immediate means of access.
18. Who can see the record?
- The Labor Inspectorate.
- The worker himself (his data).
- The legal representatives, but only with access to the collective working day summary, unless otherwise agreed.
19. What rights do the legal representatives have?
They can access the records to verify compliance with labor regulations. They do not have access to individualized data unless they have the employee’s consent or an express agreement.
20. How to register mobile or teleworking workers?
With means appropriate to their situation: apps, platforms, verifiable self-certifications?
The essential thing is that the system works regardless of the place from which they work.
21. What about on-call or availability?
A distinction is made between:
- Effective working hours (must be recorded).
- Non-effective availability time (may not be recorded, unless there is a specific agreement or regulation).
- The employer must be able to justify the difference.
22. What if the employee refuses to clock in?
The employee must be instructed on the obligation. If the refusal persists, it may be considered a labor infraction, with the possibility of disciplinary measures.
23. What if there is no agreement with the representatives?
The company must still apply the system. Disagreement does not exempt from compliance. If necessary, the attempt to negotiate may be documented.
24. Can the Labor Inspectorate intervene?
Yes, and in fact, it is doing so. Penalties for non-compliance can reach 7,500 € per workplace, including failure to keep records properly.
25. What happens if the record is incomplete or generic?
It is considered formal non-compliance. The Inspectorate may issue a report and penalize even if the worker has not worked overtime. What is penalized is the absence or inaccuracy of the record.
26. How do you know if the system is adequate?
It must comply with these 3 principles:
- Reflect the actual working day.
- It must be available for immediate consultation.
- Be reliable and non-manipulable.
For further information, please consult with Labor consulting
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