Work Time Recording: Legal Requirements and Valid Formats
Since Royal Decree-Law 8/2019 made time recording mandatory, many companies still have doubts about the exact requirements their recording system must meet. Is Excel valid? Do breaks need to be recorded? Who can access the data?
In this article, we answer all questions about the legal requirements for work time recording.
What must be recorded?
Mandatory data
- Worker identity (name, ID number or identifier)
- Date of each record
- Exact start time of the working day
- Exact end time of the working day
Recommended data
- Breaks and rest periods (especially lunch break)
- Overtime (mandatory to record separately per Art. 35.5)
- Work center (if multiple locations)
- Tracking method used (for traceability)
What format is valid?
| Format | Valid? | Reliability | Potential issues |
|---|---|---|---|
| Signed paper sheet | Yes | Low | Loss, deterioration, manipulation |
| Excel/Google Sheets | Yes | Medium-low | Manipulable, no traceability |
| App/Time tracking software | Yes | High | Depends on provider |
| Biometric terminal + software | Yes | Very high | Initial cost, GDPR with biometrics |
Recommendation: The Labor Inspectorate looks favorably on digital systems with traceability, individual authentication, and tamper-proof features. A time tracking software like RegulaKit meets all these criteria.
How long must records be kept?
Records must be kept for a minimum of 4 years. During this period, they must be:
- Available at the work center for possible inspections
- Accessible to workers who want to check their data
- Available to legal representatives of workers
Who can access the records?
- The worker: Their individual records, at any time
- Legal representatives: The complete company record
- The Labor Inspectorate: In exercise of their control functions
- Courts: In case of judicial proceedings
Overtime recording
Overtime has a special recording regime (Art. 35.5):
- Must be recorded day by day
- Totaled in the period set for payment
- A summary copy delivered to the worker with their payslip
- Legal maximum: 80 overtime hours per year
Special cases
Remote work
Remote workers must also clock in. Law 10/2021 on remote work reinforces this obligation. A web-based time tracking software or mobile app is the most practical solution.
Flexible schedules
Recording is mandatory even with flexible schedules. In these cases, the record is even more important as it documents actual hours vs. theoretical schedule.
Check if your company complies
Not sure if your tracking system meets all requirements? We've created a free compliance test with 10 questions that will tell you your risk level in 2 minutes.
Conclusion
Time recording must be daily, individual, reliable, kept for 4 years, and accessible to workers and inspectors. While the law doesn't impose a specific format, digital systems offer clear advantages in reliability, preservation, and management.
Frequently Asked Questions
What requirements does the time register need to meet?
Daily, reliable, accessible, kept for 4 years and available to the worker, legal representatives and the Labour Inspectorate.
Can I keep the register on paper?
Yes, but the Inspectorate recommends digital systems for reliability and traceability. Paper is often rejected for lack of guarantees.
Must breaks be recorded?
Yes. Any break that is not part of effective working time must be in the register to reflect the real working day.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. The information may not be complete, accurate or up to date. For specific legal matters related to your company, always consult a qualified labor law professional or your employment advisor.