The decree of social protection and against the precariousness of work that the Government plans to approve this Friday it includes the obligation on the part of the companies to register the workday of the workers and keep that record for four years. It is an average that the Executive already contemplated in the counter Reformation work that was being prepared and that the abrupt end of the legislature has prevented. In the explanatory statement of the decree, always according to the draft to which EL PAÍS has had access, the implementation of the registry as a measure is justified to combat job insecurity. Labor flexibility, says the text, can not lead to breach of regulations on maximum working hours and overtime.
The decree also echoes some statistics such as the Labor Force Survey (EPA) of the fourth quarter of 2018, in which more than half of wage earners indicated working more than 40 hours a week and many of those hired on a daily basis partial they said that his effective day did not coincide with the declared one. In addition, 48% of the people who work overtime declare not to collect them, which, according to the Executive, not only has the effect of making the worker's employment situation precarious, but also affects the coffers of Social Security, which does not receive the contributions corresponding to those hours worked.
These are the modifications that the Government introduces to force the registration of the day:
A new function
In the first place, the Executive adds to the faculties that it already has in matters of organization and duration of the day, that of establishing "specialties in the obligations of registration of the day". To this end, it modifies article 34 of the Workers' Statute in its seventh paragraph. This specifies that the Minister of Labor is in charge of setting these standards, "after consulting the most representative trade union and business organizations."
Check in and check out
To the same article, a new section is added (the ninth one) that determines how to register the day. The first thing he points out is that "it should include the specific schedule of entry and exit of each worker".
The decree specifies that the start-up of the registry will be done through collective bargaining, in consultation with the workers' representatives. In default of these, the employer will be in charge of giving instructions to organize and document the record of each worker's day.
Available for four years
The employer will have the obligation to keep records for four years. In that period, they are available to workers, unions, labor inspection and Social Security.
The text also modifies the Law of Infractions and Sanctions in the Social Order, which from now on will include the registration of working hours as one of the reasons that, in case of transgression by the company, entail a serious sanction. This type of sanctions entails fines of between 626 and 6,250 euros for companies and are not individualized. That is, if the inspection finds that the rule has been broken, even if it affects many workers, it imposes a single fine.
Two months term
Finally, the decree includes in its final provision that the registration rule for the day will be applicable two months after publication of the text in the Official State Gazette, which will take place in the coming days.