All this is taken from a ruling that states that if the company does not keep a record of the working day, it is assumed that the provision of services by workers is full-time, even if that person has a half-day contract, since there is no evidence that the worker is actually working that day.
Article 12 of the Workers' Statute (ET) establishes that the working day of part-time employees must be recorded daily, so that a global calculation can then be made of the hours that that person has worked per month, and thus record the time that that worker has provided services to the company.
In this way, the aim is to avoid problems such as claims for extra payments or requests for days off for having worked more hours than those stipulated in the contract. And in the event that that person does not comply with the registration of the day, “it will be presumed to have been held on a full day, unless there is evidence to the contrary that proves the partial nature of the services”.
Similarly, and in order for a company to be able to prove the hourly registration of the workforce, the court establishes that it must provide “documentary” or “expert” evidence, therefore they can only present physical evidence that attests to the hours worked by the worker, and evidence provided by witnesses will not be valid, since, “it is not suitable for review purposes and does not allow us to conclude what the worker’s day is”.