Mandatory Time Tracking: Your Rights as an Employee

What mandatory time tracking requires in Spain, who must keep it, how to access your own records, and what to do if your employer doesn't comply correctly.

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Since the obligation to record daily working hours was established, every company, regardless of size or sector, must keep a time-tracking record for all its employees. Knowing how this record works and what rights it gives you lets you use it, among other things, to prove overtime worked or breaches of rest periods.

What time tracking actually requires

The company must record, on a daily basis, the specific start and end time of each employee's working day; a simple tally of total hours worked per month, without specifying the actual schedule of each shift, is not enough. This record must be kept for a set period and made available to employees, their legal representatives, and the Labor Inspectorate.

Who this regulation applies to

The obligation generally applies to virtually all employment relationships, regardless of company size, including both full-time and part-time employees, though with specific particularities for certain groups (such as senior management staff or certain special arrangements) that may be treated differently.

How the record must be kept

The regulation doesn't impose a single mandatory system (it can be digital, through a specific app, or even on paper in certain cases), but it does require that the system used be reliable, objective, and accessible, allowing the hours actually worked to be known precisely, not just a rough approximation.

Your right to access your own records

As an employee, you have the right to access your own time-tracking record and obtain a copy of it whenever you request it — a right that's especially relevant if you need to prove overtime worked, or if you suspect breaches of your minimum rest periods between shifts.

Why this record is key to claiming overtime

As explained in the article on overtime, one of the main practical uses of time tracking is to serve as objective evidence in any claim for uncompensated overtime, since it shifts to the company the responsibility of demonstrating, through a reliable record, how many hours you actually worked.

What to do if your company doesn't keep the record properly

If you find that your company isn't keeping proper time records, or refuses to give you access to yours, you can file a complaint with the Labor Inspectorate, which can penalize the company for this breach, regardless of any separate overtime claim you may bring.

Calculate the effect of any recognized overtime

If you manage to prove outstanding overtime that hasn't been compensated, our net salary calculator helps you estimate the impact of that pay on your take-home salary.