Time registration in teleworking: let nothing make you lose control
If as a human you can't control everything, as an HR manager, you may be one step closer to achieving it 😅.
You've probably already gone to great lengths to comply with Royal Decree-Law 8/2019 in terms of time registration. Now, the rules of the game have changed and registration must be guaranteed, even in teleworking.
So that the time control does not get out of hand, review with us some fundamental aspects about telework: time registration according to the regulations, from when to do it and how to ensure it.
Because control is inevitable, but the mechanism is optional, read on to find out more!
What is time recording?
Royal Decree-Law 8/2019, which provides for urgent measures of social protection and the fight against labor precariousness in the working day, established the obligation for companies to have time recording systems.
According to the above, the entry and exit times of workers must be recorded in a register, kept for four years and available for consultation by unions and authorities.
The purpose of this control system is
- To ensure compliance with working hours,
- regulate overtime in terms of quantity and correct remuneration.
This regulation applies to all companies, although it exempts certain special labor relations and certain workers under specific regimes.
Teleworking: mandatory time registration
The first thing to remember is that, in the light of the law, it is considered that from the moment in which the workers fulfill 30% of the working day remotely, they are in a teleworking situation.
Since teleworking became widespread in Spain, flexible working hours became part of the agenda of companies in terms of the working arrangements they implemented and offered to their workers.
The task, which was somewhat difficult to face, raised the need for regulation and control mechanisms. These, moreover, had to frame the new practices and be in line with what was already provided by other regulations as is the case of Royal Legislative Decree 2/2015:
The company shall guarantee the daily record of the working day, which shall include the specific start and end times of the working day of each worker, without prejudice to the flexible working hours established in this article.
Artículo 34.9 del Estatuto de los Trabajadores.
How does the recording of working hours in teleworking work?
As a result of this need, on October 13, 2020, the Telecommuting Act came into force. Among its outstanding provisions and related to time registration are the following rights:
- Economic compensation. From carrying out a correct time registration, workers will have the security of receiving the economic compensation corresponding to the telecommuting time.
- Flexible working hours. People working under the telecommuting modality can benefit from a flexible schedule, as agreed with their employer. For this aspect it is also particularly useful the time record, which will accurately reflect the hours worked.
- Privacy. Respect for the privacy of employees must be guaranteed. Even if the company has the right to implement time control systems, this does not include the installation of applications on personal devices.
- Equal treatment. Remote workers must enjoy the same rights as those of employees working in person. This refers to everything related to:
- Correct access to information,
- Remuneration,
- promotion opportunities,
- stability,
- proper communication among peers and with management, etc.
On the other hand, in terms of the obligations that companies have towards their employees, the following stand out:
- Digital disconnection. Rest periods, as well as the established duration of the working day of workers, must be respected by the employer, limiting the use of technological means of communication.
- Economic responsibility. The companies are in obligation to bear the expenses generated within the framework of telecommuting, as established in the collective bargaining or teleworking agreement. Such expenses include costs for:
- Computer equipment (computer, adapters, etc.),
- furniture (chairs, desks, lamps, etc.),
- a proportion of the Internet connection and of the mobile tariff, in the event that workers have to use their personal telephone.
☝️ Keep an eye on it
- Telecommuting is, nowadays, a modality of voluntary adoption.
- It must be regulated by means of a telecommuting agreement or contract.
- There are financial penalties applicable for non-compliance with the time recording of the working day that is confirmed by labor inspectors and Social Security, which can go up to 6,250 euros.
How is a record of teleworking made?
Although the law determines the mandatory nature of time control for telecommuting, it does not specify how companies must comply with this requirement. This is stated in the Guide on Workday Registration of the Ministry of Labor, Migration and Social Security:
Any system or medium, on paper or telematic support, suitable for fulfilling the legal objective, that is, to provide reliable, unmodifiable and non-manipulable information a posteriori, either by the employer or by the worker himself, will be valid.
Resorting to systems that contemplate the use of the fingerprint, however, is no longer a possibility "at least during the state of alarm and its possible extensions".
Other control methods that can be used include:
- Hourly record in Excel. Generally, small companies, before trying out a new system, opt for an old acquaintance: Excel. Using a timekeeping template with all the data of the workers and the specificities of their contract regarding the time of entry and exit, can be carried out and controlled from the traceability offered by file hosting services in the cloud.
- Time and attendance software. Today, there are a variety of time and attendance tools on the market ranging from software that detects activity (mouse and keyboard), to facial recognition systems, to card terminals. The advantages of this type of software are many:
- Time savings by automating not only the recording, but also the verification of declared hours;
- legislative compliance;
- simplification of the clocking-in process;
- greater transparency for workers;
- data protection, etc.
- Time and attendance applications. These applications can be the mobile versions of the control software that the company already has and that include precise geolocation functionalities, for example.
In summary...
The recording of working hours in Spain is mandatory. This means that, regardless of whether the company's work dynamics is based on remote work, hybrid work or one hundred percent face-to-face work, the monitoring and control of workers' entry and exit times must be carried out. Moreover, a record of this control must be kept and made available to the competent authority in the event of an inspection.
If we consider that from the moment a worker spends 30% of his working day at home, he is considered "teleworking", we understand the importance of knowing the requirements that companies must meet to ensure the proper development of the work of their workers.
The Spanish legal framework already has provisions that regulate teleworking and its control mechanisms. Each company, however, is free to choose the method that suits them best to carry it out and not be subject to heavy fines and penalties.
While time and attendance software offers several advantages to carry out this procedure, there are many other options to ensure compliance with the working hours of your employees.
Any questions? Leave them in the comments!
Article translated from Spanish