The new legislation has been approved, the employer requires the registration of the days of workers with part-time and full-time contracts. Failure to comply with this obligation results in sanctions by the Labor and Social Security Inspectorate, then we will summarize how to comply with this new regulation.
How to register workers’ day
If you are an entrepreneur and have hired workers, you should know that by law you must keep a record of your employees’ hours with a part-time or full-time contract and implement control systems to prepare and manage the registration of the working day.
Royal Decree-Law 8/2019, of 8 March, on urgent social protection measures and the fight against precarious work in the working day recover the record of work after more than a year and a half of lack of obligation of this control. It must be remembered that the Supreme Court freed the companies from this action by means of a judgment issued in April 2017. Only one month later, the Labor Inspectorate stopped pursuing the absence of registration of the day in self-employed workers and companies with hired workers. This Royal Decree comes to modify those sections on the registration of working hours included in the Law of the Statute of Workers, approved by Royal Legislative Decree 2/2015, of October 23. According to the amendments, the Law is written as follows:
(…) The company will guarantee the daily registration of the working day, which must include the specific start and end time of the working day of each worker, without prejudice to the flexible hours established in this article. By collective bargaining or company agreement or, failing that, decision of the employer after consulting with the legal representatives of the workers in the company, this record of the day will be organized and documented. The company will keep the records referred to in this provision for four years and They will remain available to the workers, their legal representatives and the Labor and Social Security Inspectorate. (…)
Therefore, the criterion is again that established in the 2016 Control Plan, which tightened up the monitoring of the registration of full-time work days that were not mandatory until now.
Conditions and compliance with the registration
Although the distribution of working hours must already be indicated in the contract of the part-time employee, the employer must comply by law with two additional obligations to this indication and to the daily record of the schedule:
Realization of the total calculation by month of ordinary and extraordinary hours and delivery of copy of the summary to the worker next to his payroll.
Conservation of work records for a minimum period of four years.
But what would happen in case of breach of these obligations by the employer? The Law on Infractions and Sanctions in the Social Order (LISOS) considers serious infringement of the rules and legal or agreed limits in terms of working hours, night work, overtime, complementary hours, breaks, vacations, permits, registration of working hours . Given the case of non-compliance in terms of working hours and in accordance with Art. 7 of this Law, the imposition of a fine would be from 626 euros with a maximum of 6,250 euros.
If the breach was due to formal or documentary issues, a fine of between 60 and 625 euros would be considered for a considered minor infringement contemplated in Art.6.6 of the Law.
If there is a fault in the registry, the contract of the part-time worker will be presumed automatically full-time.
At this point it is essential for the employer the registration of hours of the day so you must have a template to manage their control and make a subsequent delivery to the worker. Although there is no official model, the document must contain the following information:
Identity of the company
Specification of the working day included in the work contract
Detail of the working hours, ordinary and complementary, carried out and broken down by effective day of work
Signature of the legal representative of the company
GAFIC sends you a part-time work day registration template to control the hours of your workforce and also avoid the possible sanctions derived from not carrying out this monitoring correctly. We leave you some forms for manual registration,
Full-time registration: https://drive.google.com/open?id=0B8y69QWIJXW9dmVHY2RGdE81R3c
Partial Work Registration: https://drive.google.com/open?id=0B8y69QWIJXW9MGh2TTZvaHd1NXM
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