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Companies face sanctions if they do not establish the daily working day record from 12th May

| News | Employment Law and Social Security

Andersen Tax & Legal organizes a Working Breakfast on the "Key Aspects derived from the new obligation of daily registration of the working day" in which it is shown that the companies must have, at least, established a plan of implantation of the registration of the working day for that date.

From 12th May it will be mandatory for companies to keep a daily record of each worker's ordinary working day. This is established by Royal Decree-Law 8/2019, of 8th March, on urgent measures for social protection and the fight against job insecurity in the working day.

Andersen Tax & Legal discussed, in the Auditorium of its offices in Madrid during a specific day developed for this purpose, the key aspects arising from the new obligation of daily registration of the  working day with the participation of Vicente Mora, Labour and Social Security Inspector, along with Alfredo Aspra and José Antonio Sanfulgencio, lawyers of the firm’s Labour Law Department.

During the day Alfredo Aspra recommended the more than 40 businesspeople present to work on the documentation and organization of a system that guarantees the recording of each employee's daily workday, attending to the peculiarities and specific needs of each organization. He also warned that non-compliance with this measure could be classified as a serious labour infringement with a sanction of up to 6,250 euros.

Aspra stressed that it would be highly advisable to establish and recall guidelines on all those aspects related to the working day and its development, including the effective annual working time, working hours and, where appropriate, flexible working hours, the possible specificities or particularities in the working days of certain groups, etc., simultaneously with the implementation of the specific daily working day registration system.

For his part, Vicente Mora explained that the reason for the measure is the reduction of undeclared overtime which in his opinion will increase productivity and job satisfaction. On the other hand, he highlighted several problems such as the recording of daily breaks or legal breaks, non-regulated breaks, the recording of the working day of workers without hours or those jobs developed outside the company, in which case a mandatory electronic record could be established.

In this vein, José Antonio Sanfulgencio indicated that it is not only a question of registering the entry and exit as indicated by the Law, but also of establishing guidelines on the development of the "effective working day" with the multiple variants implied by the existence of different working days, work outside the work centre and, where appropriate, the irregular distribution of the working day throughout the year. It stressed the need and suitability of establishing protocols on overtime.

 

You can read the related article in The Economist.

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