The registration of the working day has been modified by the Royal Decree-Law 8/2019, of March 8, of urgent measures of social protection and the fight against work precariousness in the workday.
This measure has created many doubts, especially in relation to which method is valid to record the LABOR WORK JAD
1. Obligations when registering the workday
- The start and completion schedule of the day of each worker must be registered.
- The record of the day must be documented.
- Records must be conserved during 4 years , available to workers, their legal representatives, the Labor Inspection and Social Security.
2. More control of the workday
The objective of this modification is to carry out greater control of the workers’ workday. Since May 12, labor inspections can be carried out to control these records.
One of the main reasons is to control the realization of extra hours by workers. According to data from the Active Population Survey (EPA) of the first quarter of 2019, there were a total of 376,000 workers who have made almost 3,000,000 extra hours a week without remuneration.
The daily registration of the working day is the ultimate responsibility of the company . Although, the registration must be “reliable”, so it must correspond to the worker’s real work hours.
4. How should the registration be done?
The regulations do not establish a way of registering the day. The company must agree with the workers the method to register the working day, as well as for its documentation.
In this sense, it would be valid systems such as a sheet signed by employees, technological systems (fingerprint, validation code …), etc.
For situations in which the worker performs the work at his home or has flexible schedules, the company must guarantee the fact that the worker can record his distance work day.
6. Should the self -employed have a record of their work?
The existing regulations only refers to employees, so autonomous workers should not save registration. However, this new regulation will be valid for workers hired by freelancers.
In case of not fulfilling the obligation to register the workday, fines can range between 626 and 6,250 euros, depending on the severity of the infraction.