Since the coronavirus alarm status was decreed in our country on March 14th, most companies have opted for the telework formula for their employees,being a highly recommended measure by the Government to prevent possible contagion, ensure the health of workers and maintain activity.
But many entrepreneurs have the following question: Is it mandatory to continue recording the working day in the telework? The answer is yes. Companies are still required to record the working hours of their workers even if it is through telework, as established by Royal Decree 8/2019 of 8 March.
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Guide of the Ministry of Labour to apply the Compulsory Registration of Days
The registration of the working day in the telework is mandatory
The record of the working day in the telework is mandatory,which means that companies have to implement a computerized time registration system to be able to sign ‘remotely’, since despite the difficulties that the situation may present, not having taken preventive measures will not be a valid excuse.
What’s more, not having a workday record on the telework will be considered a serious infringement,and companies will be able to face penalties ranging from 626 to 6,250 euros. In addition, it is orbligatory keep workers’ records for a minimum of four years,being available to the Labour and Social Security Inspection, workers and legal representatives.
The law understands that a teleworker has the same rights and obligations asthose who work in person, and therefore must comply with a rigid schedule.
This is important, because with telework, many workers perform hours of more than they are entitled to. Precisely to avoid these situations and that the worker can enjoy his personal life, the obligation to record the working day also in telework, and therefore the right to‘digitaldisconnection’, that is, disconnect from work outside of working hours is maintained.
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How to register the working day in the telework?
Currently there are different tools that allow companies to record the working day of the telework,without having to move, in a comfortable, simple and safe way.
Here are some of the most prominent and implanted in companies during coronavirus:
> Web signing
One of the main options for registering the working day in telework is web signing,which consists of a website that allows you to sign the worker from your team at home.
To ensure security and prevent fraud, these websites link a user to a computer, whichwill be from where they have the obligation to sign. In this way, we make sure that the teleworker is in place.
> Web application
There is also the possibility to sign up using a web application with geolocation. This is one of the best options for teleworking, and it had already been widely used by commercials, delivery men and other workers already working remotely before the State of Alarm.
The app is linked to a device by geolocation,allowing you to see at all times where the workers have signed up from.
> Phone signing
Although this is the most rudimentary option, it is also a simple and effective way. It is a question of signing by telephone call from the teleworker to the human resources manager of the company or to the director/manager.
Since May 2019, the registration of working hours is mandatory in companies,and this does not change with telework or in times of coronavirus. The registration of working hours in telework is mandatory, otherwise it would be considered a serious punishable misconduct.