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Technical criteria of the Labor Inspectorate in relation to the daily record of the day


 

In the last year, National Court has ruled on the demand for control by the employer of the working hours of their employees. Thus, in judgments of December 4, 2015 (No. 207/2015) and February 19, 2016 (No. 25/2016), this court has clearly interpreted that it is mandatory for all companies to implement a system of record of the daily working hours of employees, which allows verifying compliance with regulations on ordinary working hours and overtime.

These pronouncements have led the Labor Inspection increase your control, in general, in this matter, which had already been done with respect to part-time contracts, giving rise to Instruction 3/2016, applicable to full-time employment contracts. Said Instruction is called “Intensification of control in matters of working time and overtime hours, verification of the failure to exceed the legal maximum, as well as the adequate remuneration and contribution of those, together with the keeping of the working time record and respect for the right of information of the legal representatives of the workers in this matter ”.

Therefore, according to the National Court and the Labor Inspectorate, the record of daily working hours is required, regardless of whether or not overtime is performed, and in any type of contract, regardless of whether the working day is full or part time, Not being admissible the absence of the same in any case (for example: existence of flexible hours, commercial or tele-workers).

The aforementioned Instruction also contemplates the criteria for the inspection action when verifying compliance with said matter, together with certain specific documentation that will be required from companies within the framework of the inspection action, consisting of: Overtime hours, number, habituality, reasons that justify their performance, compensation and the way in which they are carried out and (ii) work quadrants that comprise the planning carried out by the company for a given period.

The Inspection does not establish a specific system to carry out the registration of the working day, but it is the company that must choose the system or systems that are more appropriate to your business reality, although it indicates a series of characteristics that said record must have and which are the following: (i) it must be daily; (ii) must include the specific time of entry and exit of each worker; (iii) it must enable verification in the workplace itself; (iv) it must guarantee the reliability and invariability of the data and (v) it is possible that it is carried out by electronic or computer means, as well as on paper, in which case it must bear the signature of each worker.

Ultimately, it will be necessary for the system chosen by the company to meet the requirements indicated in said Instruction.

In our opinion, the choice and subsequent implementation of the time registration system or systems requires, in advance, a specific analysis of the working conditions of the different groups of employees in each company.

Finally, it will be necessary to follow up on the criteria of the Supreme Court, which has not yet ruled on the sentences handed down by the National Court in this matter.

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