Time control in companies is a mandatory legal requirement in Spain since the entry into force of Royal Decree-Law 8/2019. Non-compliance with this regulation may result in sanctions for both the company and employees who refuse to clock in. Next, we analyse the main sanctions for a poorly executed signing or for not signing, differentiating the responsibilities of the company and the workers.
Sanctions for companies for incorrect or non-existent registration
Companies are required to accurately record the working hours of their employees. Failure to do so correctly may result in various sanctions by the Labour and Social Security Inspectorate (ITSS). Some of the most common sanctions are:
Don’t keep a time record
If the company does not keep an hourly record of the working day of its workers, it may face a serious administrative sanction. According to the Law on Offences and Sanctions in the Social Order (LISOS), the fines for this violation can range from:
- 751 and 7,500 euros, depending on the severity and number of employees affected.
Incorrect manipulation or registration of the sign-in
Some companies try to alter or manipulate the time records to reduce the declared overtime. This can lead to sanctions for document falsification, with fines that can range from:
- 626 to 6,250 euros if it is considered a serious offence.
- Up to 187,515 euros if the manipulation involves fraud to Social Security or workers.
Do not keep records for 4 years
The law establishes that day records must be kept for a minimum period of 4 years. If a labour inspection detects that the company does not keep these documents, it can impose fines of up to:
- 7,500 euros for serious non-compliance.
Lack of transparency with employees
Workers have the right to access their time records. If a company does not allow the consultation of this data, it can be considered a labour infraction with economic sanctions similar to those mentioned above.
Sanciones para empleados que no quieren fichar
Although the main responsibility lies with the company, workers also have the obligation to comply with the clocking system established by their employer. Refusing to clock in can be considered a labour offence with various consequences.
Warnings and admonitions
The first step that companies usually take in front of an employee who does not want to clock in is a formal warning. This may include:
- A verbal or written notice.
- A disciplinary warning in your labour file.
Salary reduction
If a worker does not register his working day and the company cannot justify his hours worked, it is possible that the company deducts the unregistered hours from his salary, which can directly affect his remuneration.
Disciplinary sanctions
Depending on the severity of the non-compliance, the employee may receive more severe disciplinary sanctions, such as:
- Suspension of employment and salary for a certain period.
- Demotion of category or responsibilities within the company.
- Serious absence in your work file, which can affect your continuity in the company.
Disciplinary dismissal
In extreme cases, if a worker repeatedly refuses to clock in and the company considers that he is seriously breaching his contract, he may face a disciplinary dismissal. This means that the employee will lose his job without the right to compensation.
Legal methods of signing in Spain
In Spain, day registration has been mandatory since 2019, and companies must guarantee a reliable system to clock in and out of workers. There are several legal ways to do it:
- Manual systems: Paper registration sheets can be used, although it is a less efficient and more error-prone option.
- Clock: Biometric devices or proximity cards that record the day in an automated way.
- Software and apps: Digital tools that allow you to clock in from your computer or mobile, ideal for teleworking.
- Integrated systems with payrolls: Some companies use ERPs or HR solutions that record the day digitally.
How to avoid sanctions for an incorrect signing?
To avoid sanctions, both companies and workers must ensure that the clocking system is used correctly and transparently. Some recommendations include:
- Implement a digital time control system, such as mobile applications or automated registration software.
- Inform and train employees about the importance of signing and the consequences of not complying with it.
- Perform internal audits to verify that the time record is kept correctly and complies with the legislation.
- Ensure that data is accessible to both employees and labour inspections when necessary.
Do you need help to comply with the sign-in regulations?
At Asesoría Orihuela Costa, we are experts in administrative advice for companies and help you comply with current regulations on clocking and time control. Our team is responsible for implementing effective solutions to avoid sanctions, ensuring that your company complies with labour legislation.
We offer you personalised advice and digital tools so that the management of time control is simple and effective. Contact our team today and protect your company from unnecessary sanctions.
