Recent rulings by the Audiencia Nacional have been establishing the obligation of companies to keep a comprehensive record of all their workers in relation to the hours of presence and this regardless of the type of workday performed by the worker, or overtime .
Among others, the ruling 25/2016 of the National Court of February 19, 2016 in which workers request that a system of registration of the day
Effective that makes the company’s staff. The court of the National Court considered that the demand should have a favorable reception and declared “the obligation of the company to establish a system of registration of the effective daily work done by the staff, which allows checking the proper compliance of the agreed timetables, both In the sectoral agreement and in the company agreements that are applicable “.
Likewise, it establishes the requirement to inform the legal representatives of the
Workers of the overtime that are realized and to communicate to the workers the working day realized and the amount of the overtime hours.
In short, the judicial decision points to the National Court, which:
1. Companies are obliged to keep a daily record of the hours each employee performs regardless of their type of contract, in order to be able to ensure the control of overtime, even in those companies where Do not work overtime.
2.-Companies must implement control systems to elaborate and manage the recording of the working day.
All this situation has caused that the Inspection of Labor and Social Security has promoted the controls and is increasing its actions in the revision of fulfillment of registration of the day of the workers both part time and full time, trying to avoid fraud In the performance of overtime. Verification of the existence of the register must be possible in the work center, to avoid its subsequent manipulation.
The systems of records of the working day may be manual or computerized.
In the manual registers, the worker must sign the time of entry and exit stating data such as name and surname, specific day, detail of the hours worked for each day of work, daily signature of the worker and signature of the legal representative of the company .
The electronic or computer records that are increasingly common, since they allow a safe control of the worker’s actual day with a lower risk of manipulation, having the advantage of the reliability of the data collected in the system for the accreditation of the Hours actually worked. Among the electronic and computer records are, among others, the presence control systems, signings, cards, fingerprints and telematic means to carry out the registration of employees.
Records must be kept for the legally established period of four years.
In addition, due to the nature of the data, these systems must comply with the data protection obligations.
With regard to non-compliance with the registration measures by the company, in case of non-compliance with the obligation to register the day’s work, the Labor Inspectorate could issue an infraction certificate considering the existence of a serious violation of article 7.5 of The Law on Infractions and Sanctions in the Social Order, with fines from 626.- € up to 6,250.- €.
We leave you some forms for manual registration:
Full Day Registration: https://drive.google.com/open?id=0B8y69QWIJXW9dmVHY2RGdE81R3c
Partial Meeting Registration: https://drive.google.com/open?id=0B8y69QWIJXW9MGh2TTZvaHd1NXM