With thanks to our colleague Lois Rodriquez (Baker McKenzie Spain)
Last month, the Spanish government passed several bills that will impact all companies with headcount in Spain – regardless of their size. These changes relate to gender equality plans, and the obligation for all companies to maintain daily records of employee work hours, including the specific beginning and ending times of each employee’s working day.
Recording Work Hours
From May 12, 2019, the new section (9) of Article 34 of the Workers’ Statute requires all companies (with no exception) to keep a daily record of work hours showing both the start and end time for each employee. Previously, employers in Spain were only required to keep records for part-time employees – this legislation extends the obligation to full-time employees.
- Records must be kept for four years and made available to employees, their representatives and the Employment and Social Security Inspection Authorities
- Breach of this obligation will be regarded as a serious infringement of Spain’s Working Time rules and subject to penalties.
We expect an increase in the number of overtime claims will result. Also, stricter monitoring by the Employment Inspection Authorities is likely.
For compliance assistance, please reach out to your Baker McKenzie employment lawyer.