Criterion of the Labor Inspection on timetables

The Labor Inspection has put an end to the uncertainty: there will be no sanctions for companies that do not have a daily record of the work day of their employees. The organization has issued among its employees the Instruction 1/2017, the content determines that the lack of this time control "is not constitutive, as such, of a violation of the social order." The document, signed May 18th, recognizes that after the Supreme Court overthrew the obligation of registration - in a ruling dated March 21; Doctrine confirmed in another on April 20 - it is necessary to amend the inspection criterion regarding the control of working hours and overtime hours, as instructed in Instruction 3/2016.

Work, however, asserts that the non-compulsory registration does not exempt companies from respecting the work time limits, nor does it prevent the inspectors from using other means of proof to control their compliance. "The Instruction reminds that in the administrative-sanctioning field, it also applies the indication test, which will be against those companies in which, in the case of the finding of over-the-ordinary days, do not have a Record that I distort it ", that is, that in the face of any doubt about the worker's claim or complaint if the company does not have these records the company may have it badly since it may be considered that for hours there are hours and Then you can also impose a penalty for not having registered.

Normally, there is no obligation to demand, the regulations may change, but until then the Inspection can not be penalized for the mere fact of not keeping the register of full time employees but warns us that if they do not have the same, The company may be very difficult to contradict the worker or the same Inspection against any indication.