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The supreme court rules that companies are not obliged to keep a daily record of the hours worked by their staff
6 April, 2017
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THE SUPREME COURT RULES THAT COMPANIES ARE NOT OBLIGED TO KEEP A DAILY RECORD OF THE HOURS WORKED BY THEIR STAFF
On 5 April 2017, the General Council of the Judiciary announced that the Plenary of the Employment Division of the Supreme Court has issued a ruling stating that companies are not obliged to keep a daily record of the hours worked by their entire workforce in order to comply with both the working day and also the hours agreed, the sole requirement being to maintain a record of overtime worked.
Accordingly, the Court reversed the decision of the High Court of 4 November 2014, which ordered Bankia to set up a record of the actual working days worked by the staff.
The Supreme Court confirmed that there should be legislative reform clarifying the need to maintain a daily record and make it easier for the worker to prove that they have worked overtime, but recognised that at present there is no such legal obligation to do so.
The judgment confirms that the failure to maintain or incorrectly maintaining the aforementioned record is not classified by the regulation as a clear and unequivocal breach, which requires a restrictive and narrow interpretation of article 7.5 of Royal Decree Law 5/2000 of 4 August on Public Order Breaches and Penalties.
Nevertheless, there were three dissenting votes signed by 5 of the 13 judges who issued the ruling.
This decision is highly relevant because it calls into question the recent actions of the Employment Inspectorate in their application of (Ministerial) Instruction 3/2016.