Time recording in teleworking: don't let anything make you lose control
If as a human you can't control everything, as an HR manager, you might 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 recording. Now, the rules of the game have changed and recording must be guaranteed, even in teleworking.
So that time recording does not get out of hand, check with us some fundamental aspects about teleworking: time recording according to the regulations, from when to do it and how to guarantee it.
Because monitoring is unavoidable, 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 for social protection and the fight against precariousness in the working day, made it compulsory for companies to have time recording systems.
According to this, workers' entry and exit times must be recorded in a register, which can be kept for four years and is available for consultation by trade unions and authorities.
The purpose of this control system is to
- 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 employment relationships and certain workers under specific regimes.
Teleworking: compulsory time recording
The first thing to remember is that, in the light of the law, workers are considered to be teleworking from the moment they complete 30% of the working day remotely.
Since teleworking became widespread in Spain, flexitime has been on the agenda of companies in terms of the working arrangements they implement and offer to their employees.
The task, which was somewhat difficult to tackle, 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 for in other regulations such as 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 each worker's working day, without prejudice to the flexible working hours established in this article.
Artículo 34.9 del Estatuto de los Trabajadores.
How does time recording in teleworking work?
As a result of this need, on 13 October 2020, the Telework Act came into force. Its key provisions relating to time recording include the following entitlements:
- Financial compensation. From carrying out a correct time recording, workers will be assured of receiving financial compensation corresponding to the time spent working remotely.
- Flexible working hours. People working remotely can benefit from flexible working hours, as agreed with their employer. This is also where time recording is particularly useful, as it will provide an accurate reflection of the hours worked.
- Privacy. Respect for workers' privacy must be guaranteed. Even if the company has the right to implement time and attendance systems, this does not include the installation of applications on personal devices.
- Equal treatment. Remote workers should enjoy the same rights as those of face-to-face workers. This refers to everything related to:
- Correct access to information,
- remuneration,
- promotion opportunities,
- stability,
- adequate 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 length of the working day, must be respected by the employer, limiting the use of technological means of communication.
- Financial responsibility. Employers are obliged to bear the costs incurred within the framework of teleworking, as set out in the collective bargaining or teleworking agreement. These expenses include costs for
- IT equipment (computer, adapters, etc.),
- furniture (chairs, desks, lamps, etc.),
- a proportion of the Internet connection and of the mobile tariff, in case workers have to use their personal telephone.
☝️ Keep an eye on it
- Telecommuting is nowadays a voluntary mode of work.
- It must be regulated by means of a telework agreement or contract.
- There are financial penalties applicable for non-compliance with the time recording of the working day that is confirmed by labour and social security inspectors, which can go up to 6,250 euros.
How is a telework register made?
Although the law makes time recording mandatory for teleworking, it does not specify how companies must comply with this requirement. This is stated in the Guide on Working Time Registration of the Ministry of Labour, Migration and Social Security:
Any system or medium, on paper or telematic support, suitable for fulfilling the legal objective, i.e. to provide reliable, unmodifiable information that cannot be manipulated a posteriori, either by the employer or by the worker himself, will be valid.
The use of fingerprint systems, 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:
- Time recording in Excel. Generally, small companies, before trying out a new system, opt for an old acquaintance: Excel. Using a timekeeping template with all the workers' details and the specifics of their contract with regard to clocking in and clocking out can be carried out and controlled from the traceability offered by cloud-based file hosting services.
- Time and attendance software. There are a variety of time and attendance tools on the market today, ranging from activity-detecting software (mouse and keyboard), to facial recognition systems, to card terminals. The advantages of this type of software are many:
- Time saving 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 mobile versions of the company's existing time and attendance software that include precise geolocation functionalities, for example.
To sum up...
The recording of working time in Spain is mandatory. This means that, regardless of whether the working dynamics of the company is based on remote work, hybrid work or one hundred percent face-to-face work, the monitoring and control of the employees' entry and exit times must be carried out. Moreover, records must be kept and made available to the competent authority in case of an inspection.
If we consider that from the moment a worker spends 30% of his working day at home, he is considered to be "teleworking", we understand the importance of knowing the requirements that companies must comply with to ensure the correct performance of their workers' work.
The Spanish legal framework already has provisions regulating telework and its control mechanisms. Each company, however, is free to choose the most convenient method to carry it out and not to be subject to heavy fines and sanctions.
While time and attendance software offers a number of advantages for this procedure, there are many other options for ensuring that your employees' working hours are adhered to.
Any questions? Leave them in the comments!
Article translated from Spanish