Since the entry into force of Royal Decree Law 8/2019, all companies are obliged to keep a time and attendance register of their employees, showing their arrival and departure to and from work. This is intended to control the effective working hours of all employees, regardless of the type of contract and the characteristics of the companies.
To date, it has been possible to keep records either on paper, with the workers’ signatures on entering and leaving workplaces, or by means of touch-sensitive devices. However, both options will no longer be available from January, when the new modification of the regulation comes into force.
Regarding the fingerprint, the Spanish Data Protection Agency has issued a report stating that the use of biometric data (the fingerprint) is equivalent to storing personal data that would allow employees to be identified and, therefore, should not be used as it is not included in the time registration regulations. Instead, it recommends using card systems or other methods of identification.
According to the Ministry of Labour, from January 2025 the time recording of working hours will have to be done digitally, either with a time and attendance terminal or by signing digital documents by App. It will also be possible to clock in with a card or with a unique code for each employee. Each company, depending on its needs, will have to implement the type of digital terminal that best suits its circumstances for recording the time and attendance of its workers.
This will be extended to all workers and types of work, i.e. those who work remotely or on an itinerant basis, such as salespeople, technicians or labourers, for example, will also have to record their working day on a daily basis. Also those who temporarily move away from the workplace. For this reason, there are options that allow web and app access from mobile phones.
In addition, as a new feature, all breaks taken by the worker must also be recorded.
With this new modification, this data must meet the following requirements:
– To have a digital record of the start and end times of the working day for all workers. The control of the working day must be carried out on a daily basis and is independent of the possible flexible working hours that may be given to workers or work at a fixed, itinerant or remote location.
– Keep this information for four years.
– Have this information available to workers, their representatives and labour inspectors.
– Immediate and direct access to the data by the Labour Inspectorate.
– No paper records or records in which data can be modified will be allowed.
– GDPR compliance
Failure to comply with the GDPR carries significant penalties , so we recommend that appropriate measures are taken. These are:
– Minor: From €751 to €7,500, if hours worked are not recorded correctly.
– Serious: From €7,501 to €22,000, for falsifying records or not having a timekeeping system.
– Very serious: Fines of €22,001 up to €187,515 for recidivism or massive fraud in the recording of working hours.
The Labour Inspectorate has launched specific campaigns to control compliance with the rule.