Since May 2019, all companies in Spain have been required to record the daily working hours of their employees. Six years on, many SMEs still fail to comply properly or are using systems that are not legally valid.
In this guide you will find everything you need to know: the current regulations, the requirements the record must meet, which systems are valid, what the sanctions are and how to choose the most suitable solution for your company.
The legal framework: RDL 8/2019 and the 2025 reform
Royal Decree-Law 8/2019 on urgent social protection measures amended the Workers' Statute to require daily recording of working hours. Since then, every company must:
- Record the start and end time of each employee's working day every day.
- Retain the records for four years, available to employees, their representatives and the Labour Inspectorate.
- Ensure that records are reliable, unalterable and traceable.
- Make data available to any employee who requests it.
The law does not specify the particular system to be used, but it does require it to be objective, reliable and accessible. This rules out unsigned paper records, editable Excel spreadsheets without version control, or systems where employees can modify their entries retroactively without an audit trail.
Who is required to comply?
The obligation applies to all companies, regardless of their size, sector or type of contract. This includes:
All sectors
Retail, industry, services, construction, hospitality, healthcare, education...
Remote workers
Remote clocking is equally mandatory. The employee at home must record the start and end of their working day with the same precision.
Part-time contracts
Recording is especially critical for part-time contracts to verify that more hours than contracted are not being worked.
Managers and dependent self-employed
Workers with flexible schedules must also record their working hours, even if they have more autonomy in their organisation.
Valid systems for digital time recording
The regulation does not require a specific system, but it does require it to meet reliability and unalterability criteria. The most common options are:
Time control software
Web or desktop applications where the employee records entry and exit. The most advanced include geolocation, facial recognition or QR code.
Biometric clocking terminals
Physical devices (fingerprint reader, NFC card, facial) installed at the workplace. Very reliable for companies with on-site staff and shift rotation.
Integration with ERP or HR software
If you already have an ERP or HR platform, it likely has a time control module. Integrating clocking with payroll saves time and reduces errors.
Mobile apps with geolocation
Ideal for field staff. They record the employee's location at the time of clocking, providing an additional layer of reliability.
Penalties for non-compliance
Non-compliance with the time recording obligation is considered a serious infringement under Article 7.5 of the Law on Infringements and Sanctions in the Social Order (LISOS):
| Type of infringement | Minimum fine | Maximum fine |
|---|---|---|
| Serious infringement (not keeping the record or keeping it incorrectly) | €625 | €6,250 |
| Very serious infringement (fraudulent conduct, repetition) | €6,251 | €187,515 |
"The Labour Inspectorate has intensified working hours control campaigns since 2023. SMEs are the most frequent target, especially in hospitality, retail and logistics."
How to choose the most suitable system for your company
- Number of employees and locations: for fewer than 20 employees at a single site, a simple app may suffice.
- Type of working schedule: if you have rotating shifts, overtime or on-call duty, the system must manage these correctly.
- Integration with payroll: ideally, the clocking system should be integrated with your HR software or ERP.
- Legal compliance: ensure the system generates reports valid for inspection: time-stamped, with employee identification and audit trail.
- User experience: a system that employees find difficult to use will have low adoption.
Grupo Unifema offers digital time tracking solutions integrated with the Gestinity ERP, tailored to the needs of companies of all sizes. Contact us for a demo .