Remote work time tracking in Spain (registro de jornada en teletrabajo) is just as mandatory as in the office. Anyone working from home clocks in at the start and out at the end, just like the rest of the staff, and the company keeps those records for four years. That is what Spain’s remote work law (Ley 10/2021, de trabajo a distancia) says, and it also requires the record to reflect the time worked “faithfully”.
In this guide we explain what the law requires, how to clock in with flexible hours, what the company can and cannot monitor, and what should be written into the remote work agreement. Everything has been checked against the BOE, Spain’s official gazette, as of 9 October 2026.
What the law says
There are two rules, and they add up:
- Article 34.9 of the Spanish Workers’ Statute (Estatuto de los Trabajadores) requires every company to keep a daily record with the start and end time of each person’s working day.
- Article 14 of Law 10/2021 on remote work says that this record must faithfully reflect the time the person spends working, without prejudice to flexible working hours, and that it must include the start and end of the working day.
The same law adds that anyone working remotely has the same rights as if they worked on-site, including working time rights (Article 4.1). There is no reduced record for someone working from home.
Who it applies to
Law 10/2021 applies to regular remote work: work that, over a three-month period, accounts for at least 30% of working time. With a five-day week, that is one and a half days at home.
But the record does not depend on that percentage. The Spanish Ministry of Labour’s guide says the obligation applies to anyone working remotely and to any situation in which work is not done, in whole or in part, at the company’s premises. Anyone who teleworks just one day a week also clocks in that day.
How to clock in with flexible hours
Remote work often comes with flexible hours, and the law protects that: the person can move their schedule within what was agreed, while respecting mandatory availability periods and rest breaks (Article 13). The record has to reflect that reality, not a copied office schedule.
- Each work block is recorded. If someone works from 8:00 to 13:00 and from 16:00 to 19:00, both blocks are recorded. The time in between is not working time.
- Breaks are recorded. The Ministry guide warns that if they are not shown, all the time between clock-in and clock-out is presumed to be work.
- A long day is not overtime. With flexible hours, the same guide says that extra time on one day does not count as overtime if the records for the rest of the period show that the agreed working time is being met.
- Clock in at the actual time. Filling in the week on Friday afternoon is not a daily record.
The guide also allows self-managed timesheets signed by the remote worker, if the company accepts them. The risk is the usual one: a sheet with the same schedule every day is hard to defend as a reliable record.
What to include in the remote work agreement
Regular remote work requires a written agreement, and Article 7 of Law 10/2021 sets out the minimum it must include. Three points affect the record:
- The schedule and availability rules (letter c): when the person must be reachable and how much room they have to move the rest.
- The company’s monitoring tools (letter h): which tool is used to clock in and what data it collects.
- What to do if the technology fails (letter i): how the working day is recorded on the day the internet goes down or the app does not work.
What the company can and cannot monitor
The company can monitor that work is being done, including by electronic means (Article 22). But the law sets three clear limits:
- Proportionality. Automatic monitoring devices must respect privacy and data protection, and must be suitable, necessary and proportionate (Article 17.1). To record working time, it is enough to know when it starts and ends; there is no need to track the person all day.
- Personal devices are off-limits. The company cannot require software or apps to be installed on a mobile phone or computer that belongs to the person, nor can it require those devices to be used for work (Article 17.2). Clocking in must be possible from the equipment provided by the company.
- Dignity. Any monitoring measure must respect the person’s dignity (Article 22).
If the clock-in tool asks for location, it should only do so at the moment of clocking in and with the staff informed. Anything beyond that goes beyond what the record needs.
Recording and digital disconnection
Anyone working remotely has the right to disconnect outside working hours, and the company must limit the use of work communication tools during rest periods (Article 18). The law also requires an internal disconnection policy, drawn up after consulting staff representatives.
The record is what makes that right verifiable: it marks when the working day ends. A message at ten at night to someone who clocked out at six stands out at once.
Hybrid work
Anyone splitting the week between home and office keeps a single record, using the same system for both types of day. Changing methods depending on where the work is done only makes monthly totals harder to calculate.
The royal decree (Real Decreto) on digital time recording that the Spanish Government is preparing would require, according to the known draft, noting whether each day is on-site or remote. As of 9 October 2026, it has not been approved. We track it in our article digital time tracking in Spain: when it takes effect.
How to comply, step by step
- Use the same system for people in the office and people at home.
- Write it into the remote work agreement: schedule, availability, clock-in tool, and what happens if it fails.
- Clock in each block at the actual time, including breaks.
- Provide clocking in on company equipment. Do not force anyone to install anything on personal devices.
- Correct with an audit trail any forgotten clock-ins and days without a connection.
- Review the month: days over 9 hours, rest periods of under 12 hours between days, and hours outside the schedule.
- Keep it for four years.
Clock in the same at home as in the office, with Fichómetro
Fichómetro (our own product) is a working time recording app designed for small businesses. Each person clocks in with one tap from a computer or mobile phone, with their breaks, and the time is set by the server. No one 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 Labour 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
Is clocking in mandatory in remote work?
Yes. The daily working time record applies equally to people working from home, and Law 10/2021 requires it to faithfully reflect the time worked.
How do I clock in if I have flexible hours?
By clocking in each work block at the actual time. Interruptions between blocks are not working time.
Can the company force me to install an app on my phone?
No, if the phone is yours. The law prohibits requiring the installation of software or apps on devices belonging to the worker.
Can the company know where I am?
Only if it is proportionate and you have been informed. For recording working time, the start and end time are enough.
What do I do if I cannot clock in because the internet goes down?
Whatever the remote work agreement says, since it must foresee technical difficulties. Normally you should report it and ask for the correction, which is recorded with its reason.
Do breaks count as work?
If they are not recorded, they are presumed to count. That is why it is advisable to record them.
Is there a fine if the working time of someone teleworking is not recorded?
The same as in the office: from €751 to €7,500 for the company. We explain it in our article on time tracking fines in Spain.
Conclusion
In remote work, you clock in just as in the office, with one extra requirement: the record must show what is actually worked, including blocks and breaks. The company provides the tool on its own equipment, puts it in writing in the agreement, and does not turn clocking in into surveillance. Doing it this way complies with today’s law and already covers what the royal decree will require.
This article is for information only and does not replace advice from your labour adviser (asesoría laboral). Also check your collective bargaining agreement, which may specify how remote working time is recorded.
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 14 of Law 10/2021 on remote work, in the BOE (in Spanish).
- Guide on working time recording from the Spanish Ministry of Labour (PDF, in Spanish).
