13 May Companies point to the entry and exit of work. How does it affect you?
Two days ago the working day register came into force. Your company will write down when you enter and when you leave; if you do not do so, you risk sanctions. As reported by ABC, the measure has sown the cases in companies, especially among SMEs and self-employed. The president of ATA, Lorenzo Amor, has called on the Government to clarify a regulation specific to each job, a request that has been denied by the Ministry of Labor, which tomorrow will publish a guide to guide the company.
What is the compulsory registration of working hours?
The compulsory register of working hours is the obligation of companies to have an effective control of the number of hours performed by their employees. This, says the BOE, must be “reliable”, that is, the data stored must correspond to the hours worked by the employee. This mechanism must record the time of entry and the time of departure of each of the workers and must be negotiated between the agreements, when they exist. The data will have to be stored for four years and can be accessed by the authorised managers of the company and the worker himself.
How should registration be carried out?
The norm does not specify it, it only points out that it must be elaborated “by means of collective negotiation or agreement of company or, in its defect, decision of the employer after consultation with the legal representatives of the workers in the company”.
What is the risk for a company that does not control the hours of its employees?
From today -it would be tomorrow that it is workable- a Labour inspector can go to any work centre and ask for a record of the hours worked by each worker and the times of entry and exit of each one of them. The fine for not having a record of employees’ working hours ranges between 626 euros and 6,250 euros per company, not per worker who fails to comply with the rule.
How does the compulsory registration of working hours affect the self-employed?
“The self-employed are baffled and concerned because the new rule lacks the necessary security and legal certainty to develop their activity,” said a few days ago to ABC Lorenzo Amor, president of ATA. He recalled that 95% of Spanish companies have fewer than five workers and that many “have implemented a work system that perfectly combines labor mobility, reconciliation, teleworking and is more in line with the objectives than the schedule. ATA warns that the law can become a poisoned dart against employment. The rigidity of the register will cause companies that have workloads higher than usual on a punctual basis (fairs, weddings, baptisms, high season of tourism …) reduce hours and hire temporary work agencies that are less expensive.
What happens to workers who spend full days away from the centre?
The standard has not provided for this assumption. Many workers spend full days away from their workplace in the course of their work. This is the case of transporters, assemblers, commercials, medical visitors, journalists… What are your working hours?
What formulas does the company have to control the working time of its employees?
From writing down in a notebook the entrances and exits of the personnel, to the most sophisticated systems. Digital applications or platforms are the most widely implemented methods and one of the most practical, but you can also use passwords or a “pin” that the company provides to the worker, the traditional system of cards. There are also methods such as fingerprint recognition, facial recognition and iris or geolocation.
Source: abc economía