Clocking for remote and mobile staff in Spain: recording hours away from the office

The obligation is the same

Article 34.9 of the Workers' Statute makes no distinction by place of work. In addition, Act 10/2021 on remote work expressly recognises in article 14 the right to an adequate time record that faithfully reflects working time, including start and finish.

How to clock away from the workplace

• Web on a computer. The simplest for office-type remote work.
• Mobile app. For sales, engineers, delivery or construction.
• Call or message to an automated system. A fallback where there is no data coverage.
• Terminal at the workplace, for those who start and end the day there even if they work elsewhere.

Comparison in clocking methods.

Location data: handle with care

Locating an employee is personal data processing with its own rules. Spain's Data Protection Act (article 90) requires employees and their representatives to be informed expressly, clearly and unambiguously, in advance, about the existence and characteristics of the system. In practice:

• Only at the moment of clocking, not throughout the day.
• Never outside working hours.
• Proportionate: do you really need to know where each person clocks? If not, do not switch it on.
• Inform first and keep evidence.

The AEPD covers this in its guide on data protection in employment.

Personal or company phone

Asking staff to install a company app on a personal phone is a common source of disputes, and there are court rulings against imposing it. Safer options: a company device, web clocking from the work computer, or voluntary use of a personal phone with a real alternative.

Flexibility and breaks

Remote working days are often split. The record must allow several periods a day and distinguish breaks from working time. Put in writing what counts as working time (travel between clients, waiting, training).

The right to disconnect

The record also protects staff: it shows when the working day ends. The Data Protection Act (article 88) recognises the right to digital disconnection and requires employers to have an internal policy on it.

Common mistakes

• Clocking a "default" 9 to 6 every day that does not reflect reality.
• Switching on continuous location "because the app allows it".
• Not recording sales reps or middle managers "because they have flexibility".
• Correcting clockings without recording who did it and why (more mistakes).

If your team mixes office and field work, we set up terminal and app on the same system: time and attendance.