New Law for the control of working hours, how does it affect the Companies? How to comply with the new legal provisions of this standard?
Law approved on March 8, 2019 that will come into effect on May 12, 2019
That is, the new wording of Article 34 of the Workers' Statute will require from now on, that all companies register "day by day" the day made by its staff, stating the hours of entry and exit of each worker -not only part-time contracts. In addition, the preservation of this information will be required for four years, considering as a serious labor infraction the lack of registration of working hours, punishable by a maximum fine of 6,250 euros.
Beyond the possible infractions, it is evident that the Labor Inspectorate, which has been pursuing this change for years, will in all cases require companies to have registration systems. Therefore, it is only necessary to consider how to comply with the new legal provisions and those that in turn can be developed through collective bargaining.
In this new scenario, the essential questions to consider are:
- In accordance with the criterion set by the Labor Inspectorate in 2016, the type of registration system is freely chosen by the company, provided that the method used guarantees the reliability and invariability of the data and reflects, at least, each day of service provision, the start time and the end time of the day. Without prejudice to this, collective agreements could require the adoption of a specific system.
- You can implement both manual systems, such as analogical clocks, or digital clocks, such as automatic presence registers. There is also the use of more or less rudimentary means such as the sheets signed by the staff or the implementation of technological means, such as computer applications that can be installed on personal or professional staff.
- Therefore, when there is no specific legal or conventional obligation, the manner in which the registration is presented is irrelevant, provided that the Labor Inspectorate can verify on-site at the workplace, both the existence of the daily work record and its use. , to be able to analyze the degree of compliance with the labor standards of the company.
- Scheduled schedules, work schedules or schedules are not considered a working day record, so a registration system must be established regardless of the internal way in which the company organizes its work.
- In the case of companies with legal representatives of the workers, it should be noted that they should be given information and consultation period, for the implementation of new systems of work control.
- Another aspect to consider, based on the analysis of the question made at the time by the Supreme Court, is that the greater the capacity of personnel monitoring, the more possibilities there are to invade their privacy or to manipulate unnecessary personal data, so it will have to be analyzed case by case both the proportionality of the control system and whether the processing of personal data is correct.
- The standard does not require that every entry and exit of the work center personnel be recorded, but if a system of this nature is implemented, it is convenient to remind the staff of their schedules and the time of their breaks, so that be forewarned of possible breaches that could be detected.
- The obligation to keep a record of overtime does not disappear nor is it replaced by the new daily work record that refers to the ordinary working day. In particular, companies must maintain the record of overtime that they had until now and the new record of daily work, as they are independent obligations.
- The registration of the day of part-time contracts is a regulation that continues to exist, so companies should continue to inform their staff part-time about the hours worked.
Notwithstanding the foregoing, there are sectors and professions in which the registration of working hours presents particular complexities, as can be observed in any of the following cases:
Provision of services at a distance: In professions such as those of commercial representatives, the personnel of companies that provide "external" services, or the personnel that provide services in a remote working regime -in which, incidentally, the new policies of disconnection will be a key element to determine the form and schedules in which these services are provided-, the registration through digital systems installed in the mobile devices delivered to the template is presented as an effective alternative to ensure that the registration is carried out in a adequate
On the other hand, the most rudimentary systems, such as the daily tokens with the signature of the worker, although they are valid as we have already explained, can lead to lack of control or loss of information if the template is not involved.
Services in which there are guards: Certain companies belonging to sectors such as health, port, air and even technology currently require that some of their services are provided 24 hours a day, 7 days a week. Thus, there are professionals who, once they leave their usual work center, continue to be available, should an eventuality arise that requires them to resume their functions.
In these cases, regardless of the compensation obligations that may result as a consequence of the guards system, the obligation of daily registration of daily work must be carried out. Thus, although the standard says that the record will be kept for the "entry" and "exit" of each person, this does not mean that the registration of the effective work hours performed during the out-of-work guards can be dispensed with. However, when it comes to the completion of working hours that exceed the ordinary day, these may have to be noted in the record of overtime.
Legal and accounting services: Finally, it is worth stopping in this type of services simply to point out that, in the cases in which a billing by hours is done, the imputation of time in a file or client does not substitute the record of the day daily demanded by the norm. In this way, while dealing with relations subject to the Workers' Statute, systems of control of daily work time should be established.
Let's not forget that even in the apparently simplest cases, such as bank offices, there has been an intense debate about how to control working time. In the field, where there is a large part of the staff that provides services per day, it will be necessary to adopt systems that respond adequately to the characteristics of the services.
As we have already said, it is an aspect that admits creative solutions and that should respond to the business reality in any case, provided that the basic characteristics of the registration of working hours and the corresponding conventional provisions are respected.
At Micgrup Telecomunicacions we can advise and help all those companies that need to implement a new system of time control, and provide the solution that best suits their needs and size. Contact us now so we can start helping you as soon as possible.
Source: Expansión Newspaper - Helena Monzón (Lawyer)