Collective Agreements and Time Tracking: What Your Agreement Establishes
Collective agreements are the main source of labor regulation in Spain, above the minimums established by the Workers' Statute.
What can the agreement regulate?
- Maximum hours: can set less than 40h/week
- Irregular distribution: up to 10% of hours can be distributed irregularly
- Schedule: shifts, continuous, split, flexible
- Vacations: can improve the 30 natural day minimum
- Overtime: can limit or expand conditions
What prevails?
The agreement can improve Workers' Statute conditions but never worsen them. Time tracking is mandatory by law regardless of the agreement.
Conclusion
Know your collective agreement well. Ensure your time tracking system reflects actual conditions, not just legal minimums.
Frequently Asked Questions
Can the collective agreement modify time tracking?
It can regulate the recording method and specific schedules but cannot exempt from the legal duty to record working time.
What prevails, law or agreement?
The law sets the minimum. The agreement can only improve conditions, never worsen them. The time register is mandatory.
Where do I find the applicable agreement?
In the BOE or on the Ministry of Labour website. Also in the contract and on the company notice board.