Time Tracking and the Self-Employed: Do You Have to Clock In?

Do self-employed workers have to clock in?

The time record imposed by Royal Decree-law 8/2019 and Article 34.9 of the Workers Statute applies to employees. A self-employed person working alone, with no staff, is not required to record their own hours, because there is no employment relationship with oneself.

Self-employed with employees

The situation changes as soon as the self-employed person hires someone. As an employer, they must guarantee the daily time record of all their staff, keep it for four years and make it available to the Labour Inspectorate and the workers' legal representatives.

Failing to record employees' hours is a serious infringement that can be fined between 751 and 7,500 euros under the LISOS.

Economically dependent self-employed (TRADE)

The TRADE provides services mainly for one client but remains self-employed. They do not clock in like an employee, although it is advisable to document the agreed working time to avoid the relationship being treated as disguised employment.

Best practices for the self-employed employer

• Roll out a digital clock-in system from the first contract.
• Record each employee's entries, exits and breaks.
• Keep the data for four years in an accessible format.
• Inform staff of the system used and of their rights.

With RegulaKit, the self-employed person who hires can comply with time tracking from day one without installing expensive terminals. To estimate the risk of a penalty, try our penalty calculator.

Conclusion

The self-employed without staff do not clock in; those with employees must record their workers' hours. Acting early avoids penalties and brings order to the business.