Following the Decree-Law 16/2013, of December 20, on measures to promote stable employment and improve the employability of workers, a provision was included in the Workers ‘Statute which provides for the daily recording of workers’ The obligation of the employer to take the computation of the hours of his part-time workers.
The Control Plan 2016 of the Labor and Social Security Inspectorate has tightened controls and is increasing the review of those aspects that have to do with the activity of the company, its employees and the hours of operation with special attention to the records of Day and quadrants of part-time workers.
The new legislation requires the employer to register the days of workers with part-time contracts and now also, those who are full-time.
Failure to comply with this control results in sanctions imposed by the Labor Inspection and Social Security.
Although the part-time employee contract should already indicate the distribution of the working day, the employer must comply by law with two additional obligations to this indication and the daily timetable:
1.- Totalization of daily work records per month, both ordinary and extraordinary hours, and delivery of a copy of said summary to the worker next to his payroll.
2.- Conservation of the work records for a minimum period of four years.
If there is a lack of evidence in the register, the part-time employee contract will automatically be presumed full-time.
Conditions and consequences of non-compliance:
However, what would happen in case of breach of these obligations by the employer?
If it is verified by the inspection the lack in the record of the day:
1.- If the contract is part-time, the worker hired part-time will automatically be presumed full-time.
2.- If the non-compliance was due to formal or documentary issues, a fine of between 60 and 625 euros would be considered for a considered minor infraction contemplated in Article 6.6 of the Law on infractions and sanctions (LISOS)
3.- If it is verified the case of non-compliance of the day, the fine would be from 625 euros with a maximum grade of 6,250 euros.
At this point it is essential for the employer to record the hours of the day so he must have mechanisms to manage their control and make a subsequent delivery to the worker.
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