Eva Andres
Social Media Specialist
Surely you have heard about the new law on time control. Here we explain how it works and how it affects you.
As of May 12, 2019, companies will be required to keep a record of their employees' working hours. What does this mean?
Companies must have an effective control of the working hours performed by each of their employees. With this system, the entry and exit time of the workers will be recorded. This data will be stored for a period of four years, to which only the authorized manager of each company and the employee himself/herself will have access, who will also have to comply with the requirements of the data protection law.
Each company is the one that must manage the record of each worker, which must coincide with the working hours performed by each of them. But what happens if it is not complied with? The company that does not comply risks being fined between €626 and €187,515, depending on the infraction:
- Minor infringement: when the non-compliance is due to formal issues, the fine ranges between 60 and 625 € (Art. 6.6 of the LISOS).
- Serious infringement: when there is a breach by extending the worker's ordinary daily working hours, with the performance of overtime not computed or paid, whose fine ranges between 626 and 6,250 Euros (Art. 7 nº5 of the LISOS).
- Very serious infringement: when there is a masking of overtime under other salary concepts, reaching fines of between 6,251 and 187,515 euros.
What about employees with flexible work schedules?
This record is mandatory for all workers, both those with flexible and non-variable working hours. However, the decree law is aware of the diversity of functions that exist and recognizes that the time control must be complied with without this prejudice. Therefore, each company with their respective workers must agree on how these hours will be reflected, having a flexible working day.
The same would apply to employees who can work remotely, either from home or from a workspace. In this way, it should also be agreed how to manage the hours worked.
On the other hand, this law would not affect self-employed workers, since it is only intended for salaried workers. And in the event that these self-employed workers have employees, they must keep a record of their working hours.
Aticco facilitates this management for startups through its Hub.
From Aticco we want to provide all our coworkers this management free of charge. It can be done through our platform: Aticco Hub. Each worker will be able to register daily the number of hours worked so that at the end of the month the human resources manager can get a report of them.
It will also be useful for companies that have employees with flexible schedules so that they can have the same control.