Whether you are an employer, employee, or one of the Abogados Centro Legal in Birmingham (in Spain), there are basic things you need to know about the new law. Towards the beginning of 2019, Spain’s Socialist government reintroduced a new bill that requires employers to record a proper time register for working hours. The method will help track overtime hours as the time-ins and time-outs get recorded.
Reasons for the Law
The rule was presented by Pedro Sanchez’s government ahead of the April 28 election before the parliament got dissolved. According to the decree’s wording, the measure will assist the eradication of employment instability, poverty, and low salaries. These situations have affected many laborers who suffered abuse in their places of work.
Statistics from the workforce survey revealed that about 2.6 million work hours in a week are unpaid overtime. So far, the requirement to keep details of working hours only applied to the part-time laborers. The law will uncover the excess hours worked mostly by those in the construction, hospitality, and trade sectors which are most affected by exploitation.
Workers are the main beneficiary since the rule will abolish unpaid overtime. Employees will also be entitled to the right to digital disconnection; for example, not being obliged to respond to calls, texts, and messages outside of working hours. Laborers will have a break of 12 hours minimum between work hours.
On March 8, the Council of Ministers passed the Royal Decree stating the deadline to be May 12. Companies were to enforce the clocking system or risk-incurring penalties. However, the authority reported that no one took the decree with seriousness and has since provided guidelines to help clarify the law.
The decree states that every single business, irrespective of the size, must accurately capture the work hours of every staff. A record must maintain the opening and closing hours of each workday of every laborer, even though they are not physically present in the office; for instance, working remotely or from home and traveling. The law states that the records must be preserved for four years and be available on request by the union reps, inspectors, or the staff themselves.
Who Gets Exempted?
Senior management is not obliged to register with the scheme. However, all other laborers, including middle-level management, must sign up. Workers who have a clause in the agreement that expects them to report outside regular work hours also have to register with the scheme.
People who are registered as self-employed but employ others are also obliged to maintain records. However, if you work on your own, you are exempted.
Firms that don’t conform will be penalized between 626 and 6250 euros, though it is not well defined. Penalties will be up to the inspectors’ discretion after considering the nature and size of the firm, its turnover, and number of workers. Maintenance of the work hours will be the duty of the employer and not the staff. Thus, the business is the one to incur penalties.