What to do with the registration of hours worked by employees?
Do you have to go on recording the daily working hours of employees? These questions are the ones that our clients are raising after the Supreme Court’s ruling on 23 March 2017, that established that companies are not required to keep a daily record of their worker’s hours.
This Judgement modifies the approach followed by the Inspectorate of Work and Social Security that imposed an obligation on companies to record the working day, mandatory after the National High Court ruling on 4 December 2015 and by which there has been issued the respective Instruction 3/2016, establishing the criteria of keeping the daily record of worker’s hours mandatory, regardless of the type of working time and the effects of the infringement.
Therefore, everything suggests that, now, companies, based on Articles 12.4 and 35.5 of the Statute of Workers Rights, are only required to keep a record of overtime hours worked by full-time workers and the registration of the working day of employees hired part-time.
How will the Inspectorate of Work act from now onwards?
Regarding the obligation to register the full-time workers’ hours, it is clear from the judgment of 23/2017, that the Register is NOT mandatory, however, this Judgment that has had much a major repercussion on society and the media, has not been unanimously approved by the Supreme Magistrates Court.
On the other hand, we must consider that according to Article 1.6 of the Civil Code, it is necessary that there is more than one judgment of the Supreme Court that pronounces in the same sense for a sentence to establish doctrine. Furthermore, to date there is no evidence that Instruction 3/2016 has been set aside or modified in the terms of Judgment 3/2017.
Therefore, the Inspectorate of Work could continue to demand control of the workers’ hours.
Therefore, we recommend from Pérez Parras Economists & Layers Firm that companies will go on registering workers’ hours, mostly when they have invested a not negligible amount of money in employees’ registration time control systems. The latter, just means a benefit for the company that accredits the fulfillment of its legal obligations in Labour Law.
Therefore, if you find yourself in this situation and want us to help you, do not hesitate to consult us and we will study your case and assist you.