Time Tracking in Spain

Time tracking in Spain has undergone significant transformations, beginning with the implementation of the Royal Decree-Law 8/2019 in May 2019. This law mandated that all companies maintain detailed records of employee working hours. However, the landscape is set to shift once more with the introduction of a draft Royal Decree published on October 10, 2025, which aims to enforce digital systems for time tracking. This new regulation is expected to take effect in late 2025 or early 2026, marking a move towards standardized digital compliance.

The upcoming digital mandate will apply universally across all companies in Spain, irrespective of size or sector, and will include all types of employment contracts, such as full-time, part-time, and even senior executives. The push towards digital is driven by the need to prevent overtime abuse and ensure transparency, aligning with broader EU directives on work time management.

The new digital time tracking requirements in Spain prohibit the use of manual methods, such as Excel files or handwritten logs, which have been deemed insufficient. Instead, companies must adopt systems that are objective, reliable, and accessible at all times. These systems must be tamper-resistant, ensuring no data can be altered without traceability or explicit employee consent.

Additionally, digital time tracking systems must accurately capture daily working hours, including start and end times, breaks, and work locations. The systems should also provide daily and monthly summaries of hours worked and retain records for a minimum of four years. Employees must have real-time access to their own records, and this transparency extends to employee representatives and labor inspectors, who require access for compliance verification.

To comply with Spain's new digital time tracking laws, businesses must evaluate their current systems and transition to compliant digital solutions. This involves selecting a system that is objective, reliable, tamper-proof, and provides real-time access for employees and inspectors. Harvest, for example, offers such capabilities through its robust digital time tracking and auditable records.

Implementing formal protocols for time registration is essential, and these should be developed in consultation with employee representatives. Training employees on the new system is crucial, ensuring they understand its use and purpose. Additionally, businesses should integrate time tracking with payroll and HR systems to maintain accuracy and prevent discrepancies. Regular audits can help ensure ongoing compliance and avoid the significant fines that range from €625 to €187,515 for non-compliance.

Employee rights are a central focus of Spain's new time tracking laws. Employees must have real-time access to their working time records, and they can request copies at any time. Each payslip must include a summary of hours worked, ensuring transparency in compensation and compliance with labor rights.

The law also emphasizes the right to disconnect, underscoring that employees should not be contacted outside recorded working hours. Harvest supports these requirements by allowing employees to access their time records in real-time, fostering an environment of transparency and trust.

Non-compliance with Spain's time tracking laws can result in hefty fines ranging from €625 to €187,515, with collective penalties having already exceeded €16 million since 2019. Employers face the risk of employees claiming back pay and benefits, and possibly criminal charges if found non-compliant.

To avoid these penalties, businesses should conduct proactive audits and ensure their time tracking systems meet the legal standards. Harvest provides a compliant digital solution with features such as tamper-resistant records and real-time access, helping businesses adhere to regulations and avoid classification as serious offenders.