The registration of the Work Day

In order to be saved from any worries, it is highly recommended to Companies to know the main legal and legislative developments that can result in major changes in the workplace.

Within the jurisprudential field, one of the judgements that is highly expected is the one of the Court of Justice of the European Union that resolves one of the labor issues that has had the most impact in recent years: the mandatory registration of the workers’ hours.

More than two years ago, in the Judgment of December 4, 2015, the National High Court considered that the employer had the obligation to control the daily working hours of workers regardless of whether or not they worked overtime, in accordance with the provisions of Article 35.5 of the Workers’ Statute.

The reason for this precept is to provide the worker with a documentary evidence to prove the performance of overtime, so it seems apparent that the daily work record is the tool promoted by the legislator to ensure effective control of overtime work. The High National Court considers that if the daily work registration were mandatory only when overtime work is done, we would cause a vicious circle which would empty the institution’s content and its purposes, since the requirement demanded so that overtime work has such consideration is that it is carried out on the maximum duration of the daily work, lacking the worker of any effective means to prove the realization of the overtime hours.

Not satisfied with the decision of the National High Court, the condemned Company appealed and the Supreme Court ruled on it in Judgment of March 23 stating that it does not exist obligation to record the working hours of workers, only overtime work must be recorded and, if the intention of the legislator had been another, would have included it in Article 34 of the Workers’ Statute, that is the one that deals with the working day.

Far from closing this legal controversy, the National High Court decided to put this issue to the European Court of Justice of the European Union, so that the European Court is the one who decides in one way or another and finally concludes this legal controversy that keeps companies and businessmen in suspense, providing the necessary legal security so that the not registration of the daily work if there are no overtime hours is supported, or not, by the National and European Courts.
Pending the pronouncement of the European Court, on June 23, 2017 the Socialist Parliamentary Group submitted a Bill that is intended to amend Article 34 of the Workers’ Statute to include the obligation to record the daily work including the specific schedule of entry and exit for each worker, regardless of whether or not they work overtime.

Schiller Abogados offers support and advice to implement a business control system and comply with the requirements demanded by Law and Jurisprudence. We can also review the control mechanisms of the company and propose corrective measures or/and updates in order to comply with the new Spanish and European legal situation.

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