Spain's time-recording law: what is mandatory in 2026

Which law requires employers to record working time?

The duty is in article 34.9 of the Workers' Statute (Royal Legislative Decree 2/2015). It was added by Royal Decree-law 8/2019 of 8 March, on urgent social-protection measures and the fight against precarious working time, published in the BOE on 12 March 2019^[1]. Its sixth final provision says the working-time record «shall apply two months after its publication», i.e. from 12 May 2019^[1].

The current text of article 34.9 reads (our translation)^[2]:

«The company shall guarantee the daily recording of working time, which must include the specific start and end time of each worker's working day, without prejudice to the flexible working hours established in this article. This record shall be organised and documented through collective bargaining or a company agreement or, failing that, by decision of the employer after consulting the workers' legal representatives in the company. The company shall keep the records referred to in this provision for four years and they shall remain available to the workers, their legal representatives and the Labour and Social Security Inspectorate.»

Who does it apply to?

As a general rule, to every company with employees covered by the Workers' Statute, regardless of size or sector: including those with a single employee, flexible hours or remote workers. Article 34.7 allows the Government to set specific recording rules for sectors, jobs and professional categories that need them^[2].

A self-employed person without employees has no one else's working time to record; once they hire, the duty applies to those workers.

What must be recorded, and how?

• Every day, per person: the exact start and end time of the working day^[2].
• Organisation: the system is agreed in a collective agreement or company agreement; failing that, the employer decides after consulting the workers' representatives^[2].
• Format: the law currently in force does not impose a specific format (paper, spreadsheet or digital system). What it requires is a daily record that reflects actual working time, is kept and is available.
• Part-time work: working time «shall be recorded day by day and totalled monthly», with a summary of all hours worked in the month (ordinary and complementary) given to the worker with their payslip. If not, the contract is presumed full-time unless proven otherwise^[3].
• Overtime: for overtime purposes, working time is recorded day by day and totalled for the pay period, with a copy of the summary given with the payslip^[4].

How long to keep the record and who can ask for it

The company must keep the records for four years. During that time they must be available to the workers, their legal representatives and the Labour and Social Security Inspectorate^[2]. In practice, you should be able to find and hand over any person's record for any month without rebuilding it by hand. See what an inspector looks for in inspection-ready time records.

Fines for not recording working time

Spain's Law on Social Order Infringements and Sanctions (LISOS) classes as a serious infringement «the breach of the legal or agreed rules and limits on working time, […] working-time recording and, in general, working time» (art. 7.5)^[5]. Serious infringements are fined as follows (art. 40.1.b, as worded by Law 10/2021, in force since 1 October 2021)^[6]:

To set the grade, article 39.2 LISOS considers, among other criteria, negligence or intent, failure to follow prior Inspectorate warnings and requirements, the company's turnover and the number of workers affected^[6]. For part-time work, not recording time also means the contract is presumed full-time^[3].

The proposal to count one infringement per affected worker was part of the 37.5-hour workweek bill, which Congress rejected in September 2025; that rule is not in force^[10]. Keeping and reviewing a correct record reduces the risk, but no system on its own removes the possibility of a fine if the recorded time does not match actual working time.

The digital time-recording reform: where it stands

Status as of 17 October 2026: the Ministry of Labour is processing a draft Royal Decree that would require time records to be kept «by digital means». A prior public consultation ran from 12 to 26 September 2025^[7], the Council of Ministers authorised urgent processing on 30 September 2025 (it did not approve the text)^[8] and the draft went to public hearing in October 2025^[9]. As of that date the Royal Decree has not been approved or published in the BOE, so it is not in force and has no entry-into-force date.

Under the draft (not in force), the record would have to be digital, «objective, reliable and accessible»; each entry would be made «freely, personally, directly and immediately»; changes would need the approval of both company and worker and would leave a trail; and the Labour Inspectorate could access it «at any time and immediately, remotely and in person»^[9]. The draft provided for entry into force twenty days after publication in the BOE^[9]. Any of these points may change or never be approved.

Separately, the bill to cut the working week to 37.5 hours, which also included changes to working-time recording, was rejected by Congress in the September 2025 totality debate^[10]. We follow the reform on our digital time registration page.

What to do today to comply

• Choose a system where each person records their own start and end time every day.
• Agree or consult on how it is organised with the workers' representatives, if any, and keep it documented^[2].
• Fix errors and missed clock-outs without deleting the original entry, recording who changed what and why.
• For part-time contracts, hand over the monthly hours summary with the payslip^[3].
• Keep the records for four years and check you can export them in minutes^[2].
• A digital system with these safeguards also leaves you better prepared if the digital reform is approved.