Working time recording has been mandatory in Spain since 2019. However, many companies still have questions about what the regulation actually requires and how to demonstrate compliance during a labour inspection.
This article explains the key legal requirements companies should understand.
The legal basis: From Royal Decree-Law 8/2019 to the 2026 regulatory changes
The obligation to record working time in Spain was first introduced through Royal Decree-Law 8/2019, which amended Article 34 of the Spanish Workers’ Statute (Estatuto de los Trabajadores) and established the requirement to record employees’ daily working time.
However, upcoming regulatory changes expected to take effect by 2026 will significantly strengthen these obligations, particularly regarding digital time recording, real-time recording, accessibility, and traceability of records.
As a result, companies will not only be required to record working time, but also to ensure that their systems are reliable, accessible, and resistant to manipulation, and that records can be made available to the Labour Inspectorate remotely when required.
What makes a working time record legally valid
The regulation does not impose a specific tool or technology, but it does establish several requirements that a valid system must meet.
In practice, the system used must ensure:
Daily recording of actual working time
The record must reflect the hours actually worked each day, including the start and end of the working day.
Reliability of the system
Records must be reliable and not easily manipulated. Systems that allow uncontrolled modifications may create legal risk.
Traceability
If records are modified, the system should allow identification of:
who made the change
when the change occurred
what data was modified
Accessibility
Working time records must be accessible to employees, employee representatives, and the Labour Inspectorate.
Record retention requirements
The law requires companies to retain working time records for at least four years, and these records must be available if requested during an inspection.
This means companies need systems that allow them to store and retrieve working time data reliably throughout that entire period.
Overtime monitoring
Working time records also play a key role in controlling overtime.
The Workers’ Statute establishes that hours worked must be totalled for each pay period, and employees must receive a summary together with their payslip.
Therefore, a proper system should allow companies to identify overtime and generate periodic summaries of working hours.
Sanctions for non-compliance
Failing to maintain a proper working time record is classified as a serious labour infringement under the Spanish Law on Labour Infringements and Sanctions.
Penalties may range between €751 and €7,500.
Beyond financial penalties, the absence of reliable records may also create difficulties when defending the company in labour disputes or inspections.
The regulatory trend: more auditable systems
Recent regulatory initiatives indicate a clear trend toward working time systems that are more digital, traceable, and audit-ready.
In practice, this means that simply having a record is no longer enough. Companies must also be able to demonstrate clearly how working time is recorded and managed.
How Merified can help
At Merified, we help companies implement work management systems designed to be reliable, traceable, and audit-ready.
Our platform allows organizations to manage working time records and other talent management processes in a structured way that aligns with current regulatory expectations.
👉 If you would like to see how Merified works and how it can help your organization meet these requirements, you can request a demo and we will walk you through the platform.