Time Tracking for Civil Servants and the Public Sector in Spain: Obligations, Rules and Differences from Private Firms

Is time tracking mandatory in the public sector?

Yes. Public administrations in Spain must keep a record of their staff's working time. Although media attention focused on RD-ley 8/2019 and Article 34.9 of the Workers' Statute —which apply to private employment relationships— the public sector had already been required to control working time and attendance through civil-service rules and resolutions governing the working hours of public employees.

The goal is the same: ensure compliance with the working day, monitor actual hours worked and provide transparency.

Applicable rules

Several sources coexist in the public sector:

• The Basic Statute of the Public Employee (EBEP), which governs the rights and duties of civil servants and public-sector employees.
• The resolutions and instructions on working hours of the different administrations (national, regional and local).
• For employed staff in administrations, Article 34.9 of the Workers' Statute and RD-ley 8/2019 also apply.

It is important to distinguish between civil servants (funcionarios), governed by administrative law, and employed staff, subject to the Workers' Statute.

Differences from the private sector

Although the purpose is shared, there are relevant nuances:

• The legal framework for civil servants is administrative, not labour-based.
• Schedules and flexibility are usually set by internal instructions and negotiation at public-service bargaining tables.
• The disciplinary regime for non-compliance follows specific administrative procedures.

Most common tracking systems

Administrations use various methods:

1. Biometric (fingerprint) or card clock-in at public premises.
2. Web and mobile apps for mobile staff or teleworkers.
3. Integrated systems linked to leave, holidays and flexible-hours management.

Whatever the method, it must guarantee the reliability of the record and the retention of data for the required period, which in the labour sphere is 4 years.

Retention and data protection

Public staff time records contain personal data and are subject to the GDPR and the Spanish LOPDGDD. The administration must inform staff of the purpose, limit access and keep data only for the necessary period.

Solutions like RegulaKit adapt time tracking to both employed staff and civil servants, integrating absences and flexibility. To assess the cost of non-compliance, try the penalty calculator.

Conclusion

Time tracking in the public sector is a well-established obligation that improves transparency and control of working hours. Adapting systems to the particularities of civil servants is key to correct compliance.