The Real Decreto-Ley 8/2019, de 8 de marzo, of urgent social protection measures and the fight against job insecurity during the workday, establishes that from the May 12, 2019 all those self-employed or businessmen having workers in their care must ensure a daily record of the workday.
What should the record include?
Specific starting and ending hours of each worker's workday, without prejudice to the flexible hours.
All full-time and part-time workers must complete the form at the entry and exit of their job, without exceptions by sector, workforce size or other reasons.
Each company must agree on the conditions in which the day registration is applied to its employees.
How long should the record be kept?
The information collected in the registry must be kept for 4 years. Said day records must be kept in the workplace.
Who can ask for it?
The registry must be available to the worker, the workers' representatives and the Labor and Social Security Inspection.
And if this record is not fulfilled?
It will be considered a serious infraction and may be sanctioned with a maximum fine of € 6,250 according to art. 7.5 of the SMOOTH.
Exceptions:
- Self-employed
- Labor relations of a special nature regulated in article 2 of the Workers' Statute, such as senior management personnel, household employees, professional athletes or lawyers in offices.
- Mobile workers under the regulations on special working hours, such as workers dedicated to road transport.
- Cooperative Worker Partners