Remote Work and Time Tracking: Legal Obligations in Spain
With the rise of remote work in Spain, many companies wonder whether the obligation to record working hours also applies to remote employees. The answer is clear: yes, it is mandatory.
Legal framework: Law 10/2021 on remote work
Law 10/2021 regulated remote work in Spain for the first time. It complements the time tracking obligation from Royal Decree-Law 8/2019 with additional requirements:
- The remote work agreement must be in writing
- It must specify the work schedule and availability rules
- The company must provide the means for time tracking
- The right to digital disconnection must be respected
How to clock in when working from home?
- Web application: Employee clocks in from their browser
- Mobile app: Clocking from smartphone with or without geolocation
- VPN + corporate system: Registration when connecting to the company network
Penalties for non-compliance
Penalties for not tracking remote workers' hours are the same as for on-site workers:
- Minor: €60 - €750
- Serious: €626 - €7,500
- Very serious: €7,501 - €187,515
Calculate your potential fine with our free calculator.
Conclusion
Remote work does not exempt from time tracking. Law 10/2021 reinforces this obligation. Make sure your company complies with both time recording and digital disconnection rights.
Frequently Asked Questions
Is time tracking mandatory for remote workers?
Yes. The RD-Law 8/2019 obligation applies to all workers, including remote ones. Law 10/2021 reinforces it.
How do you clock in from home?
Through a web or mobile app. The system must be accessible from any location, reliable and tamper-proof.
Can I use geolocation when remote working?
Yes, but only to verify the clock-in location, not for continuous tracking. GDPR requires informing the employee and applying minimisation.
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.