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New Draft Labor Law: Shorter Working Hours and Mandatory Digital Time Tracking

Discover the key changes in Spain's new draft labor law on working hours and mandatory digital time recording.

New Draft Labor Law: Shorter Working Hours and Mandatory Digital Time Tracking

The Spanish Ministry of Labor has taken a significant step toward modernizing labor relations in Spain by publishing a public consultation document on a new draft law (anteproyecto de ley). Its main objectives are to reduce the weekly working hours, implement mandatory digital time recording, and guarantee the right to digital disconnection. Below, we outline the key aspects of this proposal and how it could affect businesses.

Key Changes to Labor Regulations

  • Reduction of Working Hours: The weekly working week is set to be reduced from 40 to 37.5 hours, with the aim of improving work-life balance and increasing productivity.
  • Mandatory Digital Time Recording: From January 1, 2025, all companies in Spain must implement a digital system that records each employee's daily working hours. This measure seeks to ensure transparency and compliance with agreed schedules.
  • Right to Digital Disconnection: Employees' right not to attend to work communications outside their working hours is formally recognized. Companies will be required to develop clear protocols to prevent work overload and promote a healthy balance between personal and professional life.

Penalties for Non-Compliance

Failure to comply with these obligations could result in financial penalties, classified into three levels:

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  • Minor infringements: Fines between €70 and €750 for minor non-compliance.

    • Serious infringements: Fines between €751 and €7,500, such as failing to record working hours or exceeding established limits.
    • Very serious infringements: Fines from €7,501 to €225,018 for conduct such as unrecorded or unpaid overtime.
  • Implications for Businesses

    Adapting to this new regulation requires companies to implement key measures, including:

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  • Review of schedules and shifts: To ensure compliance with the new working hours.

    • Implementation of digital systems: Companies must invest in technology to record working hours accurately and automatically.
    • Training and awareness: It is essential to prepare employees and managers for this change, minimizing resistance and facilitating the transition.
    • Allocation of financial resources: Adapting to this regulation involves a financial effort, especially for small and medium-sized businesses.
  • Positions of Key Stakeholders

    • Trade unions (CCOO and UGT): Strongly support the reduction in working hours, arguing that it benefits both workers and businesses.
    • Employers' association (CEOE): Has shown resistance to the measure, describing it as "retrograde" and highlighting the potential negative impact on competitiveness.

    Current Status and Legislative Steps

    Although the reduction to 38.5 hours was not applied in 2024, the Government and the trade unions are determined to implement the 37.5-hour week in 2025. The draft law is in its public consultation phase until December 7, 2024, with a final approval estimated for spring 2025.

    How Trowel Can Help Your Business

    Implementing a digital system for time recording may seem daunting, but Trowel is here to make the process easier. With its intuitive platform and educational resources, Trowel allows companies to comply with the new regulation efficiently and simply.

    • Trowel Academy: Provides training for employees and managers on how to use digital tools to record working hours. Visit Trowel Academy to access guides and tutorials.
    • Automated Time Recording: The Trowel app allows working hours to be recorded and managed automatically, reducing errors and ensuring legal compliance.
    • Protocols for Digital Disconnection: With Trowel's help, companies can implement clear policies that respect employees' rest time.

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    Advanced Recording Solutions with Trowel

    With Trowel, companies have access to features that simplify regulatory compliance:

    • Attendance manager: From the Trowel app, employees can record their clock-in and clock-out times with a simple "play/stop" button. This ensures precise control of working hours, with data such as time and location associated with the project.
    • Edits and adjustments: In case of errors or forgotten entries, time records can be adjusted to reflect actual hours worked, ensuring flexibility and accuracy. Adjustments can only be made by the employee themselves, not by the company.
    • Detailed reports: Administrators can generate attendance reports in graphic or table format, making it easy to monitor and prepare for audits.
    • Optional geolocation: Associating employees' locations with specific projects helps optimize management without compromising privacy, always in compliance with the law. For more details on how to adapt to this new regulation and learn the keys to implementation, don't miss our webinar. Watch the full video on our YouTube channel and stay one step ahead in legal compliance.
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