Recording working hours has been mandatory in Spain since 2019. Are you covered?

The Royal Decree-Law 8/2019 of 8 March (BOE) amended Article 34.9 of the Workers' Statute and required all companies to keep a daily record of working hours that includes:

• Exact start time of the working day
• Exact finish time of the working day
• Records kept for 4 years
• Access available at all times to the employee, their legal representative and the Labour Inspectorate

• With 1 employee or 500
• Full-time, part-time or flexible hours
• On-site, remote or hybrid
• Any sector of activity

There is no exemption for company size or contract type.

The Government is fast-tracking a Royal Decree on mandatory digital clocking-in. Paper or Excel records will no longer be valid. The new system will have to:

• Be 100% digital, without exception
• Give the Labour Inspectorate remote, real-time access without prior notice
• Ensure that clocking in is personal, direct and immediate for each employee
• Be valid for on-site, remote and hybrid work

wiwink already meets these requirements today. When it comes into force, you won't have to change anything.

Failure to keep a record of working hours is classed as a serious infringement under the LISOS (Law on Infringements and Penalties in the Social Order):

• Fines of €626 to €6,250 per employee
• A missing record can be taken as evidence of undeclared overtime
• The Labour Inspectorate has stepped up inspections in this area since 2020

• Royal Decree-Law 8/2019 of 8 March — Mandatory recording of working hours (BOE)
• Workers' Statute, Article 34.9 — Royal Legislative Decree 2/2015 (BOE)
• LISOS — Royal Legislative Decree 5/2000, Article 7.5 (BOE)
• Guide to Recording Working Hours — Ministry of Labour (PDF)