Mandatory day registration with teleworking

For more than a year, companies in Spain have been obliged to register the working hours of their workers.

The coronavirus pandemic and confinement measures caused at the beginning of March that many had to implement teleworking almost in an improvised way, relaxing or leaving aside time control.

An obligation that has not changed at all the exceptional situation in Spain caused by the COVID-19 health crisis.

In other words: companies have to continue recording the hours their employees work, even if they do it from home.

The main objective of the rule is to reduce the high amount of unpaid overtime worked by workers in Spain.

Sanctions

But not having a record of working hours in teleworking will be considered a serious infraction, and companies may face sanctions ranging between 626 and 6,250 euros.

In addition, it is mandatory to keep workers’ records for a minimum of four years, being at the disposal of the Labour and Social Security Inspectorate, workers and legal representatives.

The law understands that a teleworker has the same rights and obligations as those who work in person, and therefore, must comply with a rigid schedule.

Formulas to control working time

There are different tools that allow companies to record the working day of teleworking, without having to move, in a comfortable, simple and safe way.

You can control the real time of work with a computer program (there are applications that allow the worker to clock in and out of his day from the computer or from his mobile phone) or even with a manual document signed by the workers themselves.

How to record the working day in teleworking?

Your company is obliged to record the day of its employees indicating the start and end time of it.

If you have employees who work from home, continue to comply with that registration obligation (make sure your employees clock in).

This obligation exists for all its workers, regardless of whether they carry out their activity outside the centre (commercial, displaced people abroad, teleworkers …) or in the physical work centre.

Right to digital disconnection

An issue that has also regained strength is the right to digital disconnection in the workplace.

Even if the worker is working from home, the Law recognises workers the right to digital disconnection in order to guarantee, outside the legally or conventionally established working time, respect for their rest time, permits and vacations, as well as their personal and family privacy.