The decree law published in the BOE on March 12, 2019 establishes regulatory reforms aimed at regulating the registration of working hours as a way to combat job insecurity.
Today, March 12, 2019, the decree-law announced on March 8, 2019 regarding the obligation of companies to have a record of the working hours of their employees was published in the Official State Gazette.
The publication defends the decree-law, assuring that the implementation of more hours of the working day substantially affects two essential elements of the employment relationship: the difficulty of family reconciliation and salary.
The publication in the BOE explains that several judicial bodies have ruled in favor of legislating the registration of the working day, from the National Court (Judgment of December 4, 2015), the Supreme Court (246/2017 of March 23) and the Court of Justice of the European Union through the Advocate General (January 31, 2019, C-55/18). All this only reinforces the need for a decree law that regulates how employees' working hours should be recorded.
Finally, the latest data from the Spanish Government regarding compliance with the legal working hours are noted.
Firstly, they state that, during 2018, "35% of the total complaints for business breaches in matters of labor relations received by the Labor and Social Security Inspectorate referred to working hours".
On the other hand, the Labor Force Survey of the fourth quarter of 2018 reflects that "more than 50% of employees declared having weekly working hours exceeding 40 hours and a large volume of part-time workers indicated that the effective working hours did not correspond to the declared ones".
The Active Population Survey (EPA) also describes some surprising data. In 2017, an average of 5.8 million overtime hours were worked per week in Spain and in 2018 this increased to an average of 6.4 million overtime hours per week. All this with the statement by 48% of workers that they do not receive overtime pay and, consequently, do not contribute to Social Security.
Dispositive part of the BOE of the registration of the working day
The dispositive part of the decree law published in the BOE specifies the following points:
- "The company will guarantee the daily work record, which must include the specific start and end times of each worker's workday, without prejudice to the flexibility of working hours established in this article." [...] "The company will keep the records referred to in this provision for four years and they will remain available to workers, their legal representatives and the Labour and Social Security Inspectorate."
- "The work record established in section 9 of article 34 of the amended text of the Workers' Statute Law, approved by Royal Legislative Decree 2/2015, of 23 October, according to the wording given to it by article 10 of this Royal Decree-Law, will be applicable two months after its publication in the Official State Gazette."
How can Timenet help us?
Timenet allows you to comply with the new regulations in an easy and economical way. It is a proven and reliable system that is currently used by more than 1000 users and that is continuously improved.
But Timenet goes beyond being just a tool to comply with a regulation, it is really an application that allows you to simplify the control of hours worked, such as vacation shifts, permits, absences, punctuality, compensation for days, ... and if you want, you can even manage where the hours worked go, for example how many hours have been dedicated to a client, a project, a repair, a file, etc.
In addition, it can be used by both staff who are in a fixed workplace in the company's facilities, and those who work from outside the company since it includes a geolocation system to know from where each marking has been made.
Hire Timenet, record your employees' working hours and improve the management of hours worked!
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