Article 34.9. of Legislative Decree 2/2015, of 23 October, approving the recast of the Workers Status Act:
The company shall guarantee the daily recording of working hours, which shall include the concrete start and end time of each workers working day, without prejudice to the time flexibility established in this article.
By means of collective bargaining or a company agreement or, failing that, a decision by the employer after consultation with the workers; legal representatives in the company, this work log shall be organised and documented.
The company shall keep the records referred to in this precept for four years and shall remain at the disposal of the workers, their legal representatives and the Labour and Social Security Inspectorate. »
The article establishes an important obligation for the register: that of including the start and end time of the working day. However, this formulation remains relatively vague as to the actual content of the register. In order to clarify the situation a little, let us look at
what a daily record should contain.
The daily record must contain the legal or conventional obligations
The daily record must contain the legal or conventional obligations concerning work breaks in order to be able to make an effective calculation of the hours worked without including the latter. When these rules are clear, public and general, it is only advisable to mention them, as even without mentioning them in the record it is easy to prove their existence. Otherwise, however, it is better to mention them, otherwise the principle of legal certainty will be undermined.
The law does not provide for any specific procedure for carrying out the registration task. It is therefore up to the company to decide what form the register will take, collective bargaining or company agreement or, failing that, by decision of the employer
after consultation with the legal representatives of the employees in the company.
If you would like more information, please do not hesitate to contact our lawyers specialised in labour law in Barcelona.
Elena RINCON ROMERO
