The workers are going to have to go back to sign at the entrance and exit of your job. If the labor reform that has been designed by the Government of Pedro Sánchez, the Workers' Statute will recognize as basic labor law of each employee "know the duration and distribution of their ordinary working hours, as well as their working hours."
This is what the latest draft proposal of modification of the time record in the companies that sent the Ministry of Labor to unions and employers. The text proposed by the Executive reforms four articles of the Statute of Workers (4, 12, 34 and 35) and another article of the Law of Infractions and Sanctions in the Social Order.
In this way, for this new right of workers to become effective, the law that regulates the labor market will specify in article 34 of the aforementioned Statute how companies should register the day. "It will be the obligation of the company to record the day of each worker. This record of the day will be daily and must include the specific time of entry and exit ", indicates the legal draft of the Executive.
This will mean, therefore, the return to the traditional system of signing on arrival and leaving work that, to date, still have many large companies but virtually none of the medium and small.
The Government's proposal, which in any case will need parliamentary support to get ahead, also includes that "Collective agreements may establish the form of organization of the registration of the day and of access to the same of the worker ".
Likewise, another novelty, which will be included in article 35, will be that, in addition to each worker receiving monthly the ratio of ordinary and extraordinary hours he has made in said month, also the union representatives will receive this information from the entire workforce. Specifically, the draft prepared by Work indicates that "the representatives of the workers will be informed monthly by the employer on compliance with the provisions of this section."
In terms of overtime there will be another change: the employer must also inform monthly to the workers' representatives about the overtime hours that each employee has made, whatever their form of compensation. This requires the company to send them "copy of the summaries" of the daily record.
In addition, the company will have to keep records of the day for four years and these must remain at all times in the workplace at the disposal of the Labor Inspectorate and Social Security.
The schedule, in the contract
Legislation regulating part-time employment will also be affected by this proposal. For these workers, "the usual work schedule will be specified in the contract, without being sufficient for this purpose the mere reference to the collective agreement of application", according to the new wording of article 12 of the status of workers.
However, before this new regulatory scenario, two other issues should also be highlighted. The first one refers to the fact that, given the difficulty to register the day of some groups, activities or companies, the Executive foresees the establishment of some exceptions in the fulfillment of this new business obligation. "The Government, at the proposal of the head of the Ministry of Labor, Migration and Social Security and after consulting the most representative trade union and business organizations, may establish (…) specialties in the obligations of day registration". These difficulties occur in professions such as commercial ones, which do not work in a specific center or carriers, to give an example.
One fine for each worker
All this being said, the Government's proposal concludes with another normative change that especially worries the entrepreneurs. This is the new wording of Article 7 of the Law of Infractions and Sanctions in the Social Order that would establish that when an employer transgresses the rule regarding the registration of working hours "it will be understood that the employer incurs in an infraction for each affected worker ". According to him Of Counsel of the Labor area of Baker & McKenzie, Carlos de la Torre "this could result in large companies to a millionaire sanctions."
Since CEOE have already expressed to the Ministry of Labor their frontal rejection of this measure and they have been informed that they will not support an agreement that includes this new registration requirement. But from Labor are firm when it comes to approving this measure and hide behind the fact that the Supreme Court, after ruling against two judgments of the National Court that urged this registry, said that "a legislative reform would be needed to clarify the obligation to keep a time record and provide the worker with proof of the performance of overtime. "
Once known the details provided to employers and unions, the experts detect several gaps in this rule. From the Baker & McKenzie law firm, the Of Counsel of the Labor area Carlos de la Torre points out the following.
- Implantation. De la Torre believes that Labor should set a "transitory period" for the implementation of this measure, "especially for large companies or those with special complexity."
- Absences This expert misses some reference to the record, for example, of rest times. Or a specific mention of the worker's obligation to sign.
- Extra hours. In this matter, they point to the need for the monthly communication of overtime to specify that they are "provisional" given that the employer has four months to compensate them.
- Approval. In spite of the existence of a proposal of law in process to establish this registry, different sources believe that it will be approved by decree. De la Torre warns that the Government should argue the urgency of the measure, so that the Supreme Court does not annul the decree.