Do you own a company in Spain with employees? Are you a director of a Spanish company? Avoid fines by meeting Spanish labour regulations.
Upon entering into force of the already existing regulation on part-time contracts and training contracts, of the Spanish Royal Decree 16/2013, of 20th December, on the modification introduced by such law in article 12.5.h) of the Statute of Workers’ Rights and in accordance with article 35.5 of the Statute of Workers’ Rights that regulates the full-time contracts, those companies that have employees must keep a daily registration of the working day. The non-fulfilment of this regulation has started to have repercussions and negative consequences for some companies.
These are the obligations of keeping a DAILY REGISTRATION OF THE WORKING DAY:
- Apart from being mentioned in the employment contract, the distributions of the working day, with the full working days and hours must be reflected.
- The Spanish company shall provide the employee with a monthly template of the Daily Working day registrations, in which the number of hours must be filled in by the each employee both at the beginning and at the end of the working day. Each month, the employee shall receive a copy of this registration sheet together with his payslip. The registration sheet will contain both the ordinary and complementary hours and must be signed both at the beginning and at the end of the day.
- The company must keep these registration sheets signed by the employee for a minimum period of 4 years.
Should said registration not be made of not be communicated to the employee, it shall be understood that the employee works under a full-time contract. Therefore, the employee could claim to be paid the difference plus there would be an administrative infraction that could be imposed by the Labour Inspection under a penalty between 626 and 6.250 euros.
The actions of the Labour Inspection upon controlling this new corporate obligation pretend to supervise two fundamental aspects:
1º That the part-time contracts mentions the distribution of the hours of the working day that has been agreed between the employee and the company in order to verify that the effective working hours match the number of hours contracted and paid to the social security system.
2º That the daily working hours are registered, with a monthly total being provided to the employee, making a distinction between the ordinary and complementary hours.
This new task is just confirming the current tendency of the Labour Administration to fight against fraud and as a consequence, imposing penalties to those companies that do not fulfil the regulations.
We suggest you carry out this registration in order to avoid any penalty or negative consequence for your company.
Sara Duarte, Accountant in Marbella, Spain.
- Abogados en Marbella, Asesoramiento Jurídico Costa del Sol, Despacho de abogados Español, Jurídico España,