Companies must keep a daily record of the day of ALL their employees
LAST CRITERIA ON REGISTRATION HOURS
12/05/2017
Labor Inspection will continue to require companies that carry a daily record of the day of ALL of their employees.
The change in criterion that seems to be deduced from a recent ruling by the Supreme Court is not so clear; It generated confusion but these days the same Inspection has clarified what will be the criterion that will follow from this sentence and this criterion is that:
"The Labor and Social Security Inspection will continue to require companies to register the day-to-day work, because to verify with accuracy the realization or not of overtime, you must know the ordinary daily workday of each worker, since otherwise It produces a helplessness of the employee as long as the excess day test depends exclusively on the employer. "
Although Inspection declares to be aware of the shock that occurs with the judgment of the Supreme Court, the inspection body is justified in the fact that, since there is only one sentence, this does not create jurisprudence yet, although it recognizes that in case The High Court issued a new sentence in the same sense if they will have to review the dictation dictated to demand in their controls the registration of the day, but while this does not occur, Inspection is maintained at its discretion and is that it was to be expected This clarification because the sentence that led to the confusion is merely to analyze the existing regulations in this respect and to say that there is no legal or regulatory basis to demand time control for full-time workers.
At the same time, the aforementioned ruling, unique on the subject until now, also says that the regulation should be clarified in this regard, and therefore, what can happen is that the labor regulations are modified to include this requirement to register the full-time day if Inspection Of Work considers it necessary and enforceable.
What we assume is that the Labor Inspection will not be sanctioned due to the fact that companies have no record of full time not mandatory by law or at least the penalty imposed on this basis would be debatable, although, however, if there is evidence or evidence That extraordinary hours can be made if the sanction can be the same due to concealment or failure to comply with the obligation to register them.
In addition, the Courts when it comes to discussing overtime hours or completing more days will surely take into account this latest Labor Inspection criterion and in case of not being able to provide an hourly registration of any worker, Will determine that extraordinary hours have been possible and there is the risk of not even the social courts come to evaluate and study the tests, as up to now, having an indication or report of Inspection in this respect, will sentence that what the worker claims in When hours are correct, there is no possibility to contrast it with a record.
According to all this we must insist from ATT consultants on the need, more than advisable, to carry a daily registration hours and with monthly totalization of ALL workers.
The change in criterion that seems to be deduced from a recent ruling by the Supreme Court is not so clear; It generated confusion but these days the same Inspection has clarified what will be the criterion that will follow from this sentence and this criterion is that:
"The Labor and Social Security Inspection will continue to require companies to register the day-to-day work, because to verify with accuracy the realization or not of overtime, you must know the ordinary daily workday of each worker, since otherwise It produces a helplessness of the employee as long as the excess day test depends exclusively on the employer. "
Although Inspection declares to be aware of the shock that occurs with the judgment of the Supreme Court, the inspection body is justified in the fact that, since there is only one sentence, this does not create jurisprudence yet, although it recognizes that in case The High Court issued a new sentence in the same sense if they will have to review the dictation dictated to demand in their controls the registration of the day, but while this does not occur, Inspection is maintained at its discretion and is that it was to be expected This clarification because the sentence that led to the confusion is merely to analyze the existing regulations in this respect and to say that there is no legal or regulatory basis to demand time control for full-time workers.
At the same time, the aforementioned ruling, unique on the subject until now, also says that the regulation should be clarified in this regard, and therefore, what can happen is that the labor regulations are modified to include this requirement to register the full-time day if Inspection Of Work considers it necessary and enforceable.
What we assume is that the Labor Inspection will not be sanctioned due to the fact that companies have no record of full time not mandatory by law or at least the penalty imposed on this basis would be debatable, although, however, if there is evidence or evidence That extraordinary hours can be made if the sanction can be the same due to concealment or failure to comply with the obligation to register them.
In addition, the Courts when it comes to discussing overtime hours or completing more days will surely take into account this latest Labor Inspection criterion and in case of not being able to provide an hourly registration of any worker, Will determine that extraordinary hours have been possible and there is the risk of not even the social courts come to evaluate and study the tests, as up to now, having an indication or report of Inspection in this respect, will sentence that what the worker claims in When hours are correct, there is no possibility to contrast it with a record.
According to all this we must insist from ATT consultants on the need, more than advisable, to carry a daily registration hours and with monthly totalization of ALL workers.