Time record and overtime, consequence of not having it or not managing it correctly.
The publication of Royal Decree Law 8/2019, of March 8, on urgent measures for social protection and the fight against job insecurity during the working day, in its article 10 added a paragraph to article 34 of the Workers' Statute establishing the obligation for all companies to have a daily record of the working day for all workers, which should include the start and end time of the working day.
The objective of this obligation is fundamentally to avoid the carrying out of overtime by workers and if they are carried out, it is accredited so that they can be paid by the company.company or failing that, compensated with rest.
What happens in the event of a legal claim?
Until the aforementioned reform, it was the worker who had to prove that he had carried out the overtime before a judicial claim. After the reform brought about by Royal Decree Law 8/2019, it is enough for the worker can provide an indication of proof that the overtime so that the burden of proof is reversed, and the company which must prove that they were not carried out or that if they were carried out they were compensated with rest.
The Court of Justice of the European Union in the ruling of May 14, 2019, in case C-55/18, established that without a registration system it is difficult for the worker prove that you have done overtime.
In the legislation we do not find any specification on the criteria to carry it out, so in principle we understand that any system is valid as long as it is reliable and cannot be modified by the company. This will be the one that decides which system will be used for this registry.
The company You must keep the work record for four years as it may be required by the labor inspection.
Part-time contracts
Under article 10 of the Workers' Statute, part-time workers will not be able to carry out overtime, in these cases they will be called complementary hours and may not exceed the agreed legal limit.
The hours of part-time workers will be recorded day by day and will be totaled monthly, and a copy must be delivered to the worker along with the salary receipt of the summary of all hours worked in each month, taking into account both ordinary and complementary hours. The employer must keep the monthly summaries of the working hours records for a minimum period of four years.
What happens if the company You don't have it or you don't manage it correctly?
This fact is classified as a serious sanction under Article 7 of the Law on Infringements and Sanctions in the Social Order. The amount of this penalty varies between €751 and €7,500.
Companies have the obligation to monitor that workers comply with this obligation and if they do not do so, formally sanction non-compliance, which may be done through a verbal or written reprimand, imposition of a serious work misconduct in which both the date and description of the facts must be stated, suspension of employment and salary, and in the case of maximum seriousness of the fact.company may proceed to disciplinary dismissal.
In this way the company It ensures that the registration is correct in anticipation of a possible complaint to the labor inspection or judicial claim.
