The Supreme Court (Labour Division) (no. 299/2022, of 5 April) has issued its first Decision on the daily recording of working hours, obliging all companies to record the daily working hours of their employees, in accordance with the provisions of Royal Decree-Law 8/2019, of 8 March, on urgent measures for social protection and the fight against job insecurity.

Thus, the Supreme Court validates the Collective Bargaining Agreement reached by the company and trade union representatives in which a correction factor of 2 hours/day was established in the working day record that included, by way of illustration and not exclusively, rest breaks, lunch and/or breakfast breaks, unpaid leave, etc. Furthermore, the Court validates the self-declaring computerized time recording systems that establish the start and end time of the working day. Therefore, the Supreme Court reiterates and adheres to the provisions of article 34.9 of the Workers' Statute, following the doctrine established by the National Court: "The company shall guarantee the daily record of the working day, which must include the specific start and end times of each employee's working day, without prejudice to the flexible working hours established in this article. This record of the working day shall be organized and documented by means of Collective Bargaining Agreement or company agreement or, failing this, by decision of the employer following consultation with the legal representatives of the company employees. [...]”

Beatriz Corral
Employment Area