On May 12, 2019, the new time registration regulations came into force, and since AYCE Laborytax we have detected that many companies still do not know how to correctly implementthe systems to sign up at work.
As we have known, more than half of the companies inspected make mistakes when signing at work,which must record the time of entry and exit of each worker, in order to combat job precariousness and unpaid overtime.
To this day all employees have an obligation to sign up for work, andthey must do so correctly. Otherwise, if a company did not comply with the Compulsory Day Register,it could face economic sanctions for the Labour Inspection of between EUR 626 and EUR 6,250.
Faced with this situation, we wanted to review the most common mistakes when signingin the work that contradict the Law, and which are repeated day after day in companies.
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We review the main mistakes in companies when signing at work
> Discount rest periods and breaks without reflecting them
One of the most controversial and criticized aspects of the Registry of Days regulations is that it does not require that interruptions or pauses between the start and end of the working day be reflected. This means that there are doubts about including them or not.
In the event that breaks and breaks are not included in the time record, they may not be deducted from the total count of hours worked in the month. Therefore, the Labour Inspection recommends that workers be included in the mandatory time register, otherwise they would not be effective working time.
> Wrong or confusing reports
Another mistake on the part of companies is the preparation of erroneous or confusing reports,which do not make clear the number of hours made by workers and lead to confusion.
To comply with the regulations of signing up at work, it is essential that companies use systems to record hours worked by employees that provide an adequate, clear and complete view of effective working time.
Any time record report must contain the following data: company and worker name, type of working day, detail of hours, signature of the legal representative of the company and the worker who received the report.
In addition, the recorded information must be in an individual document for each employee.
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> Don’t save records
Beyond the obligation to sign up for work, companies are also required to keep recordsof hours worked for a minimum of four years, making them available to both a possible inspection and the workers themselves.
To do this and in order to avoid losses, it is advisable to store the records in digitalformat, which also helps to preserve the environment.
> Don’t hand over records to employees
As established by Royal Decree Law 8/72019, time records must be made available to workers,as well as their legal representatives and the Labour and Social Security Inspection.
Therefore, in case a worker asks you for access to the records, you could not refuse. Otherwise, you’d be breaking the law.
> Delegate time registration to external companies
The regulations make it clear that the time record must be physically present in the company itself,being able to access the system from the same facilities. It is therefore not possible to delegate the function of registering working hours to external companies.
> Teleworkers are not exempt from signing
Another mistake of companies is to think that teleworkers are exempt from signingup, when in fact they are also required to record their working days. However, to post the working time of these employees, it will be necessary to record time periods greater than one day.
To be in doubt, in this post we show you the exceptions to mandatory time control that your company should know.
conclusion
Since May 2019, all companies have been required to implement systems that allow and guarantee workers to sign on the job. If this is not done or any mistakes are made, companies may be subject to economic sanctions of between EUR 600 and EUR 6250. Knowing the main mistakes and avoiding them is essential for your business.
