Spain's time-recording law explained: what employers must do

Where the obligation comes from

From article 34.9 of the Workers' Statute (Estatuto de los Trabajadores), added by Royal Decree-law 8/2019 and enforceable since 12 May 2019. In essence it says three things:

1. The employer must guarantee a daily record of working time — in Spanish, the *registro de jornada* — showing each person's actual start and finish time, without prejudice to flexible hours.
2. The record is organised and documented through collective bargaining or a company agreement or, failing that, by the employer's decision after consulting the workers' legal representatives.
3. The employer keeps the records for four years, available to employees, their legal representatives and the Labour and Social Security Inspectorate.

Who it applies to

All employers with employees under Spanish employment law, whatever their size, sector or ownership, and all staff, including mobile, sales and remote workers. The Ministry of Labour's guide covers the particular cases (for example, senior executives on a special contract).

Two specific records in the Statute also remain in force: for part-time employees (article 12.4.c) and for overtime (article 35.5).

What must be recorded

• At minimum, start time and finish time each day.
• The law does not require breaks to be recorded, but if they are not, all the time between clock-in and clock-out may be presumed to be working time. Most companies record non-working breaks too.

In what format

Current law does not prescribe a format. According to the Ministry's guide, any system — paper or digital — is valid if it gives reliable information that cannot be altered or tampered with afterwards. That is the test a record is judged by. There is a proposal to make it compulsorily digital: see digital time recording.

Who can see it

• Each employee, their own record.
• The workers' legal representatives.
• The Labour Inspectorate, at the workplace and at the time of the visit.

"Available" means immediately accessible, not that copies must be handed out periodically (apart from the rules for part-time staff and overtime).

What happens if you do not comply

The Labour Infringements and Penalties Act (LISOS) classes breaches of the time-recording rules as a serious infringement (article 7.5). In the text we consulted, the fine ranges from €751 to €7,500 depending on degree (article 40). Always check current amounts in the consolidated text.

A missing or implausible record also weakens the employer in any overtime claim.

Data protection

The record is personal data processing. Its basis is a legal obligation, so consent is not needed, but you must inform staff, restrict access and not use the data for other purposes. If you are considering biometrics, first read can staff clock in by fingerprint?.

How to get started

1. Choose the clocking method that fits how you work.
2. Consult the workers' representatives, if any, and put the rules in writing.
3. Inform staff.
4. Check every month that people are really clocking (common mistakes).

If you would like us to set it up for you, in English, this is our time and attendance service.