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Recent Advice from the Ministry of Labour The goal is to eliminate any lingering questions. Inspectors apply these criteria already on the ground, even though courts have final interpretational authority. The margin of error for employers is decreasing.
Nearly every employee is covered
This register is applicable to all employees in Spain, under the Estatuto de los Trabajadores. It does not matter if they are part-time or full-time, mobile, sales staff, or work from home. The register includes full-time, part-time, temporary, mobile, sales, and home-based employees.
A small group of people are exempt from the rule. Senior executives are classified as alta dirección Those who are self-employed and cooperative members, whose relationship with the organisation is not governed by labour law, are also exempt. Self-employed workers, cooperative members and their relationship to the organisation are not covered by labour laws.
However, there is a common misconception about managers and trusted employees. Even employees with flexible autonomy, senior responsibilities, or broad availability clauses are required to record their day. It does not matter if you are a high-paid employee or a senior executive. These arrangements must be documented clearly, according to the labour authorities. This will prevent abuses or excessive workloads.
Flexibility is allowed — invisibility is not
The law allows for flexible working hours. Flexible schedules, irregular distribution of time, and monthly hour targets remain valid as long daily start and stop times are recorded.
This distinction is crucial. The employee who worked longer on a particular day does not necessarily do overtime, if the extra hours are balanced out within the agreed-upon reference period. Inspectors must assess records throughout the year, and not only in one instance.
Telework is not exempt from this logic. As long as the system can be verified and trusted, digital platforms, signed statements, or self managed records are acceptable. Employers may trust employee declarations, but they retain the right — and responsibility — to check their accuracy.
Responsibility follows control for temporary workers and subcontractors
The host company is responsible for recording the working hours of the staff provided by the employment agency. They control and direct the work. The agency relies on these records to fulfill its social and wage security obligations.
Subcontracting arrangements require that the contractor retains the status of employer and maintain records. When staff are employed on the premises, the two parties may agree to the use of the same record-keeping system. The labour authorities view this as an effective way to ensure accuracy, and avoid disputes regarding excess hours or liabilities.
What constitutes working time?
In its most simple form, the register simply must indicate the exact time each employee starts and ends their work day. Problems can arise when employees take breaks, travel, or are interrupted.
When rest periods are clearly defined by contracts or collective agreements it is not necessary to record them daily. Employers are encouraged to log them explicitly in less structured arrangements. Inspectors could assume that the time between the start and end of a shift is all paid time.
Only the actual working hours of employees who travel to work or clients is counted. Even though waiting times or availability periods may require compensation in the form of allowances, they do not count as working time. It is crucial to differentiate between the two.
The law does not dictate the system — but it sets the standard
The Spanish labour law avoids imposing one method. All methods are valid, including paper records, digital tools and hybrid systems. The data must be traceable, reliable and cannot later be changed.
The data protection regulations apply fully if technology is used such as geolocation or apps. The right to privacy for employees must always be respected, regardless of whether monitoring is justified.
In the absence of collective agreements, employers can introduce their own system. Where employee representatives are present, employers must consult them. The requirement to maintain records is applicable regardless of the existence of a formal agreement.
It is often unclear whether the register should be digital. Spanish law does require digital systems, but paper records are still legal. Inspectors expect that records are easily accessible, unalterable and traceable. This makes digital systems safer in practice, especially when businesses have flexible working hours, remote employees or multiple sites.
Storage, access and Inspections
Records of work hours must be maintained for at least four years. The records must be available to all employees, their representatives, and the Labour Inspectorate.
It is important to note that “accessible” refers to records being immediately available at the workplace or accessible digitally. Records that are not readily available or those produced only upon request could be treated as non-existent.
The right of employees to consult their files is recognized, but employers do not have to provide daily copies without prior agreement. The focus is on transparency and not just paperwork.
Working hours and overtime is not the same as working time
The daily register is a separate legal obligation from the overtime record, even if both are kept on the same computer system.
In accordance with the law, overtime must be added up and reflected on payslips. If there is a force majeure situation, overtime can be required, but must be recorded, paid, or offset.
Why there is an increase in inspections
Labor inspectors rely more and more on data about working hours to identify overtime that is not paid, full-time contracts disguised as part-time ones and rest rules violations. Fines are not often imposed for exploitation, but rather for poor or inconsistent records.
The message of the Ministry is very clear. The recording of working hours is not a mere technicality. Employers are expected to take this core compliance requirement seriously, no matter how flexible or modern their workplace is.
