Time tracking fines in Spain (multa por no fichar) do not fall on the person who forgets to clock in. They fall on the company that does not keep the working time record (registro de jornada), and they range from €751 to €7,500. A worker who does not clock in pays no fine, but the company can discipline them for not following an instruction.
In this guide we explain how much the fine is, what makes it higher or lower, how to reduce it by 40%, and what the company can do with someone who does not clock in. Everything has been checked against the BOE, Spain’s official gazette, as of October 9, 2026.
Who is fined
The company. Article 34.9 of the Spanish Workers’ Statute (Estatuto de los Trabajadores) says that it is the company that «shall guarantee the daily recording of working time». That is why the sanction is imposed on the employer, whether they have one employee or five hundred.
The fact that the staff do not clock in does not exempt the company. If the record does not exist, or exists but is empty, the one accountable to the Spanish Labour Inspectorate (Inspección de Trabajo) is the company.
How much the fine is
Failing to comply with the rules on working time records is a serious offense (article 7.5 of Spain’s Law on Offenses and Penalties in the Social Order, LISOS). Article 40.1.b sets three ranges:
| Level | Fine | With the 40% reduction |
|---|---|---|
| Minimum | €751 to €1,500 | €450.60 to €900 |
| Medium | €1,501 to €3,750 | €900.60 to €2,250 |
| Maximum | €3,751 to €7,500 | €2,250.60 to €4,500 |
The level is proposed by the Inspectorate according to the criteria in article 39.2 of LISOS:
- the negligence or intent of the person who fails to comply;
- whether there is fraud or collusion;
- whether previous warnings or requirements from the Inspectorate have been ignored;
- the company’s turnover;
- the number of workers affected;
- the damage caused.
Is it a fine for each person? The law does not set an amount per person who does not clock in. The number of people affected is one of the criteria used to increase the level, which is why a team of three is not treated the same as one of eighty.
What is actually penalized
Article 7.5 refers to the «breach of the rules» regarding working time records. With article 34.9 of the Statute in mind, that means:
- Not keeping a record. This is the clearest case.
- Keeping it without the actual time. The law requires the «specific start and end time» of each person. A shift schedule or the contract hours show what was planned, not what actually happened.
- Not doing it every day. The record is daily. Filling in the sheet at the end of the month is not enough.
- Not keeping it for four years.
- Not making it available to workers, their representatives, and the Inspectorate.
The same article 7.5 penalizes the breaches that the record reveals: working hours above the limit, rest periods not respected, more than 80 overtime hours per year, or not providing the monthly summary to part-time workers.
The 40% reduction
Since January 1, 2022, an Inspectorate fine can be paid with a 40% reduction. Articles 14.6 and 46.2 of Royal Decree (Real Decreto) 928/1998 say so, and it requires three things:
- that the proposed sanction be monetary only;
- payment before the decision is issued, within the period given to submit objections;
- waiving the right to file objections and appeals in the administrative process.
Paying this way means acknowledging responsibility. With the infringement report comes the payment notice with the reduction already applied: a €751 fine becomes €450.60.
When it expires
The offense expires after three years from the date it was committed (article 4.1 of LISOS). The records, however, must be kept for four years. It is not advisable to throw anything away before that period ends.
What it costs besides the fine
The fine is usually the least of it. Without a record, the company loses two more things:
- Its evidence in an overtime claim. If someone claims hours they say they worked, the record is the best way to prove what was actually done. Without it, the company has nothing to back its case.
- The part-time contract. If the working time is not recorded and the monthly summary is not delivered, the contract is presumed to be full-time unless the company proves otherwise (article 12.4.c of the Statute). We explain this in part-time working time record in Spain.
If it is the worker who does not clock in
Clocking in is a company instruction to comply with a legal obligation, and company instructions must be followed (articles 5.c and 20.2 of the Statute). Someone who does not clock in is exposed to a labour sanction, not a fine:
- The company may sanction them according to the table of offenses and sanctions in the collective agreement (article 58.1). Usually it starts with a written warning.
- It cannot deduct money. Article 58.3 prohibits the «fine in lieu of wages», as well as sanctions that remove vacation or rest time.
- Serious and very serious offenses must be communicated in writing, with the date and facts, and the person may challenge them before the employment court (article 58.2).
- Refusing again and again may end up being treated as insubordination (article 54.2.b). If it goes that far, a judge will assess it.
- Offenses also expire: minor ones after 10 days, serious ones after 20, and very serious ones after 60 from when the company becomes aware of them, and in any case after six months (article 60.2).
Forgetting is not refusing. The reasonable approach is for the person who forgot to be able to request a correction, for the correction to be recorded with its reason, and for the company to sanction only someone who systematically does not clock in after being warned.
What changes with the digital record royal decree
The amounts do not. The fines are set by law, LISOS, and a royal decree cannot change them. What would change is what is required: digital record, recorded breaks, corrections with traceability, and remote access for the Inspectorate.
As of October 14, 2026 the royal decree has not been approved or published in the BOE. We follow every step in digital time tracking in Spain: when it takes effect.
How to avoid it
- Keep the record every day, with the actual start and end time of each person.
- Put in writing how clocking in works and who corrects an error. If there is employee representation, consult it.
- Make corrections with a trail: who changed what, when, and why.
- Deliver the monthly summary to part-time workers or those who do overtime.
- Keep it for four years and have the record available at the workplace.
- Warn in writing anyone who does not clock in, before thinking about sanctioning them.
The details of each step are in the guide to working time recording in Spain.
A record that stands up to an inspection, with Fichómetro
Fichómetro (our own product) is a working time recording app designed for small businesses. Each person clocks in with one tap from their mobile or computer, the time is set by the server, and nobody can alter a clock-in: corrections are added with their reason and author. It includes the monthly summary with each person’s approval, the legal record documents, and a read-only link for the Inspectorate. It is free forever if 1 person clocks in. With more, €2 per active person per month, plus taxes, with a 30-day free trial and no card required. The app is available in Spanish, Catalan, Galician, Basque and English.
Frequently asked questions
How much is the fine for not clocking in?
€751 to €7,500 for the company that does not keep the working time record. It is a serious offense, and the range depends on the level assessed by the Inspectorate.
Is the worker fined for not clocking in?
No. The fine is for the company. The worker may be sanctioned by the company according to the collective agreement, with a warning or with suspension of work and pay if the agreement provides for it.
Can they deduct it from my salary for not clocking in?
Not as a sanction. Article 58.3 of the Workers’ Statute prohibits fines in lieu of wages.
Is the fine per worker?
The law does not set an amount per person. The number of people affected is one of the criteria used to determine the level of the fine.
Can it be paid at a lower amount?
Yes. If it is paid before the decision and the right to object and appeal is waived, the fine is reduced by 40%.
Are they fined for keeping the record on paper?
Not today. Paper is still legal if the record is daily, with the actual time and reliable. The royal decree that would require the digital format has not been approved.
When does the offense expire?
After three years. The records must be kept for four.
Conclusion
The fine for not clocking in is for the company and ranges from €751 to €7,500. It is avoided with little effort: the actual start and end time of each person, every day, kept for four years and readily available. Anyone who does not clock in is warned and, if they continue, sanctioned under the collective agreement, never with money.
This article is for information only and does not replace the advice of your labour adviser (asesoría laboral). Also check your collective agreement, which sets the offenses and sanctions for the staff.
Useful links
- Fichómetro: working time record for small businesses, free for 1 person.
- Working time recording in Spain: what the law requires and how to comply.
- Article 7 of LISOS, in the BOE (in Spanish).
- Article 58 of the Workers’ Statute, in the BOE (in Spanish).
