Working time recording has been mandatory in Spain since 12 May 2019, when Royal Decree-Law 8/2019 came into force. More than seven years later, the Labour Inspectorate continues to detect widespread non-compliance among SMEs that confuse «having a spreadsheet» with «complying with the law». In 2026, with the labour reform under way and the push towards the 37.5-hour working week approved by Congress, time monitoring is back in the spotlight. If your company has not yet implemented a reliable digital time-tracking system, now is the time to act before the next Inspectorate visit.
What the law actually requires on working time recording
Article 34.9 of the Workers' Statute, as amended by Royal Decree-Law 8/2019, obliges all companies — regardless of size or sector — to guarantee the daily recording of each worker's hours. The regulation sets three minimum requirements:
- Daily and individual recording: the check-in and check-out time of each employee, every working day.
- Retention for four years: records must be available to workers, their legal representatives and the Labour Inspectorate.
- Negotiation with employee representatives: the specific method (paper, app, biometric, card…) may be agreed in a collective agreement or company agreement, but the obligation to record is non-waivable.
Act 10/2021 of 9 July on remote working added a specific layer for telework: the recording system must be equally valid when the employee works from home, ensuring that the right to digital disconnection is not infringed. This invalidates systems that only work on the local network or require the worker to be physically in the office to clock in.
Penalties in 2026: what non-compliance can cost
The absence of working time records or the maintenance of a deficient system is a serious infringement under Article 7.5 of the Law on Labour Order Offences and Sanctions (LISOS). Fines range from 751 to 7,500 euros per infringement, and the Inspectorate may treat each affected worker as a separate infringement. A 20-person company with a manifestly insufficient record could face penalties exceeding 50,000 euros.
In 2025, the Labour Inspectorate increased the number of actions on working time, with particular attention to companies using unverifiable paper records or systems that allow data to be altered after the fact without an audit trail. The trend for 2026 points to more visits and a demand to demonstrate the integrity and immutability of records.
What a time-tracking system must meet to be legal
Not every piece of software that «records hours» is legal. The Labour Inspectorate has made clear in several technical criteria that the system must guarantee, at a minimum, the following requirements:
| Requirement | Why it is mandatory | Red flag in deficient tools |
|---|---|---|
| Real-time recording | The time must be logged at the moment of clocking in, not freely edited afterwards | Editable spreadsheet with no change log |
| Integrity and traceability | Any modification must be recorded with who made it, when and why | Systems with no edit history |
| Worker access | The employee has the right to consult their own records | Only visible to the HR manager |
| Export for the Inspectorate | Must be deliverable in a readable format (PDF, CSV…) on the spot | Data locked in a cloud with no export |
| Validity for remote work | Act 10/2021: the system must work outside the corporate network | Card or fingerprint readers only on site |
| 4-year retention | Art. 34.9 ET: records available for four years | SaaS platforms that delete data on cancellation |
| GDPR: biometric data | Fingerprints or facial recognition are special-category data; they require a reinforced legal basis and a DPIA | Fingerprint readers installed without prior legal analysis |
Types of time-tracking solutions: a real comparison
The market offers four main families of solutions. None is universally superior; the choice depends on company size, geographical spread and whether remote working is common.
1. Mobile app with geolocation
The employee clocks in from their phone. The system logs GPS coordinates at the moment of check-in. Ideal for companies with field workers (sales reps, field technicians, maintenance staff). Advantages: works outside the office, low implementation cost, compatible with remote work. Limitation: requires the employee to have a smartphone with battery and signal; in industrial environments there may be connectivity issues. GPS is not mandatory, but it adds a valuable verification layer for the Inspectorate.
2. On-site clocking terminal
A physical device at the entrance (PIN, RFID card or facial recognition). Recommended for workplaces with a large on-site workforce and uniform entry/exit patterns. Facial recognition requires, from a GDPR perspective, explicit consent or a collective agreement enabling it, plus a Data Protection Impact Assessment (DPIA). Without that prior analysis, installing a biometric reader is, in itself, a GDPR infringement.
3. Module integrated into ERP or HR software
Many modern ERPs (Odoo, Sage, Microsoft Dynamics 365) include or have time-control modules. The advantage is direct integration with payroll and scheduling. The risk: the time-tracking module may not meet all legal requirements if it was designed for another market or is not updated with Spanish regulatory changes. Before blindly trusting your current ERP module, verify that the vendor explicitly guarantees compliance with Article 34.9 ET and four-year data retention.
4. Specialised SaaS time-tracking software
Tools such as Factorial, Kenjo, Personio (time module), Sesame HR or Bizneo are designed specifically for the Spanish market and tend to be updated with regulatory changes. Most offer a mobile app + web portal + the option to integrate a physical terminal. The average market price in 2025–2026 ranges from 3 to 12 euros per employee per month for companies with between 10 and 100 workers, depending on features and additional HR modules.
The impact of the 2025–2026 labour reform
The reduction of the maximum working week to 37.5 hours — whose bill was approved by the Government in May 2025 and sent to the Congress of Deputies, though rejected by the chamber in September 2025 — remains a priority for the Executive, which intends to reintroduce it. Regardless of its parliamentary progress, working time records are becoming an ever more important control tool. Companies must be able to demonstrate not only that employees clock in, but that actual hours do not exceed the statutory or agreed limit.
Furthermore, the regulation reinforces the role of employee representatives in designing the recording system: the method must be subject to prior consultation or, where a collective agreement exists, must be reflected in it. Implementing a time-tracking system without informing the works council (or staff delegates) may invalidate its evidential value in any dispute.
Concrete use cases by sector
The specifics vary considerably by sector:
- Construction and civil works: workers rotate between different sites. The most efficient solution is a GPS app that automatically assigns each check-in to the relevant site, with weekly exports by workplace for the subcontracting logbook.
- Hospitality: variable shifts, part-time staff and high turnover. They need a system that manages split shifts and records additional hours for part-time contracts (mandatory under Art. 12.5 ET).
- Companies with hybrid remote work: the most common scenario in 2026. The system must allow clocking in equally from home or the office, with the same level of traceability. Some systems add a «virtual check-in» with a screenshot of the start screen to strengthen evidence, though this requires a specific privacy policy.
- Clinics and healthcare centres: in addition to the general employment record, they must comply with GDPR restrictions on health data (that of their own staff, not patients). The system must not store biometric data without a specific legal basis.
- Professional firms and consultancies: staff often have genuine flexible hours, but the law does not provide exceptions for middle managers. The solution can be lighter (a self-declaration app with manager validation), but it must exist.
In our time-tracking and digital HR implementation service we analyse each company's situation — sector, geographical spread, remote work, applicable collective agreement — and recommend the solution that minimises friction with employees while leaving no gaps for the Inspectorate.
What to do if your company already has a system but you are unsure it is sufficient
The first step is to review the following critical points:
- Does the system generate an immutable log of each check-in with a timestamp?
- Are subsequent modifications (error corrections, justified absences) recorded with the user and reason?
- Can the employee consult their own history without depending on their manager?
- Is the data exportable in a format you can hand over to the Inspectorate on the spot?
- Does the system work for remote employees?
- If biometrics are used: do you have a signed DPIA and documented consent?
- Does the provider guarantee data retention for four years even if you cancel the contract?
If you answer «no» or «I don't know» to more than two of these questions, your current system probably would not pass an Inspectorate audit. The solution is not always to change tools; sometimes it is enough to configure them correctly or supplement them with an internal documented correction protocol.
If you also need to review the complete regulatory framework for working time recording — including negotiation with trade union representatives and alignment with your collective agreement — the employment compliance team at Summum Consultoría works in coordination with Summum Sistemas so that the technical solution and legal coverage go hand in hand.
Frequently asked questions
Is paper-based time recording valid in 2026?
The law does not explicitly prohibit paper, but in practice it is very difficult to demonstrate its integrity to the Inspectorate: any sheet can be altered without a trace. Moreover, managing four years of paper records for all employees is operationally unmanageable for any medium-sized company. The Labour Inspectorate routinely questions paper records when there are signs of manipulation. In 2026, with growing regulatory pressure, keeping paper records is an unnecessary risk.
Are self-employed workers required to record their working hours?
No. The obligation under Article 34.9 of the Workers' Statute applies only to employed workers. Self-employed individuals without employees are not subject to this requirement. Self-employed people with workers in their charge must ensure that those employees' hours are recorded. Working partners of cooperative or labour companies are in a grey area that depends on their specific employment relationship; if in doubt, consult an employment adviser.
Can a worker refuse to clock in on privacy grounds?
A worker cannot refuse to clock in, since working time recording is a legal obligation that also protects the worker themselves (it safeguards their rights regarding overtime and maximum working hours). What the worker can demand is that the method be proportionate and GDPR-compliant. If the company implements biometrics without an adequate legal basis, the worker may invoke their rights before the AEPD. But refusing to clock in as such is not a legitimate exercise of privacy rights; it is a breach of the employment contract.
What about employees on international assignments or with agreed flexible hours?
Flexible working does not exempt companies from recording obligations. If an employee has a flexible schedule with a 7–10 window to start and a 16–19 window to finish, the system must still record the actual check-in and check-out times. Working-time compensation arrangements (days off in exchange for extra hours) must also be documented in the system to prove that no overtime has gone unpaid. For employees who travel internationally on a regular basis, mobile apps with supervised manual entry are usually the most practical solution.