Working time recording in Spain (the registro de jornada) has been mandatory since May 12, 2019 for every company, whether it employs one person or five hundred. Every day you must record the time each person starts and finishes work, keep those records for four years and be able to show them on request.
This guide explains what Spanish law requires today, what the fines are for non-compliance, and where things stand with the royal decree that would make digital recording mandatory, which as of October 1, 2026 has still not been approved. Everything has been checked against the BOE (Spain’s Official State Gazette) and the Spanish Ministry of Labour’s guide.
What the law says
The obligation is set out in Article 34.9 of the Spanish Workers’ Statute (Estatuto de los Trabajadores, ET), added by Royal Decree-Law 8/2019. It says three things:
- Daily record. “The company shall guarantee the daily recording of working time, which must include the specific start and end time of the working day of each worker.”
- Organized and documented. How the record is kept is decided by collective agreement or company agreement. If there is none, the company decides after consulting the workforce representatives.
- Four years available. The company keeps the records for four years, available to workers, their representatives, and Spain’s Labour and Social Security Inspectorate (Inspección de Trabajo y Seguridad Social).
In addition, the Court of Justice of the European Union said in May 2019 (case C-55/18) that companies must have an “objective, reliable and accessible” system to measure each person’s daily working time.
Who it applies to
The Ministry of Labour guide makes it clear: the record applies to all workers, of any category, in all sectors and in all companies, regardless of size. It also applies to people working away from the workplace: sales staff, mobile workers, temporary contracts, and remote work.
- A company with just one employee must also keep it.
- Middle managers and positions of trust must record their working time, even if they have flexible schedules.
- Staff supplied by a temporary employment agency: the record is kept by the company where they work.
- Subcontractors: the record is kept by the company that employs the person, not the client.
Excluded are senior management staff and those not covered by the Workers’ Statute, such as self-employed workers and worker-members of cooperatives. Some activities have their own record, such as road transport.
What the record must include
The minimum required by law is, for each person and each day, the exact start and end time. With that in mind:
- It must be the actual time. The contract schedule or shift roster shows what was planned, not what happened. They do not count as a record.
- It is done day by day. Filling in the sheet at the end of the month is not a daily record.
- Breaks should be noted. The law does not mention them, but the Ministry guide warns: if they are not recorded, all the time between clock-in and clock-out is presumed to be work. If lunch or rest time does not count as working time, that should be visible.
- Errors must be corrected with a trace. The record must be reliable and not alterable afterwards, neither by the company nor by the worker.
The record also shows the working time limits, which are what the Inspectorate checks:
| Limit | What it says | Where it is |
|---|---|---|
| Daily working time | Maximum 9 ordinary hours per day, unless the collective agreement or an agreement distributes the working day differently | Art. 34.3 ET |
| Rest between working days | At least 12 hours between the end of one day and the start of the next | Art. 34.3 ET |
| Break | At least 15 minutes when a continuous working day exceeds 6 hours | Art. 34.4 ET |
| Overtime | Maximum 80 per year | Art. 35.2 ET |
Paper, Excel, or app
Today the law does not impose a specific medium. The Ministry guide says that “any system or medium, on paper or electronic support” is valid, as long as it provides “reliable, unalterable and not subsequently manipulable” information. A sign-in sheet or an Excel file is still legal.
The problem is that condition. A sheet where everyone signs from 9:00 to 17:00 every day, or an Excel file that anyone can change without leaving a trace, is hard to defend as a reliable record. An app that stamps the time itself and stores corrections separately proves it without effort.
Two warnings if you choose a digital tool:
- Fingerprint and facial recognition. The Spanish Data Protection Agency (AEPD) published a guide in 2023 on biometric attendance control that sets the bar very high. A PIN, a card, or a mobile phone does the same job with less risk.
- Location. If used, it must be proportionate and the workforce must be informed. To clock in, there is no need to track anyone throughout the whole working day.
How long it is kept and who can request it
Daily records are kept for four years. They can be requested by workers, their legal representatives, and the Labour Inspectorate.
The Ministry guide clarifies what “available” means: the records must be at the workplace or be immediately accessible from there. If an inspection arrives, it is not enough to say that your accountant has them and will send them later.
There is no obligation to give each person a copy of the daily record, unless agreed, but they must be allowed to consult their own when they ask for it.
Part-time and overtime
In two cases the law requires more than the daily record:
- Part-time contracts (art. 12.4.c ET). Working time is recorded day by day, summed each month, and the person is given, together with the payslip, a summary of all hours in the month, ordinary and additional. If the company does not comply, the contract is presumed to be full-time unless proven otherwise.
- Overtime (art. 35.5 ET). Working time is recorded day by day, summed in the pay period, and a copy of the summary is given with the payslip.
Fines for not keeping it
Failing to comply with the rules on working time recording is a serious infringement (Article 7.5 of Spain’s Law on Infringements and Penalties in the Social Order, known as LISOS). The fine depends on the level assessed by the Inspectorate:
| Level | Fine |
|---|---|
| Minimum | From €751 to €1,500 |
| Medium | From €1,501 to €3,750 |
| Maximum | From €3,751 to €7,500 |
The fine is not the only risk. If someone claims overtime, a company without a record loses its best proof of the hours actually worked. And in part-time contracts, the lack of a record means the contract is presumed to be full-time.
The digital recording royal decree: where things stand
The Spanish Government has been preparing a royal decree to tighten the recording rules for some time. As of October 1, 2026, it has not been approved. This is the timeline:
- In March 2026, the Council of State issued an unfavorable opinion on the draft.
- In July, its approval was postponed.
- In September, the Ministry of Labour announced it would be approved “immediately,” without giving a date.
- The Council of Ministers meeting on September 29 did not approve it.
According to the drafts that have become known, the decree would require:
- digital format recording, with no paper;
- recorded breaks, not just clock-in and clock-out;
- changes with a trace: who corrected it, when, and why;
- access for each person to their own record;
- remote access for the Labour Inspectorate.
Until it is published in the BOE, there is no final text or adaptation deadline, and what applies is what we explained above. The sensible approach is to comply properly with today’s rules using a system that already does those five things, so you do not have to rush to change later.
How to comply, step by step
- Choose the system and put it in writing. How clocking in works, who corrects an error, and how breaks are counted. If there are workforce representatives, consult them first.
- Inform the workforce. How the record works and what data is stored.
- Clock in every day, at the actual time. Start, finish, and breaks that are not work.
- Correct with a trace. A forgotten entry is fixed with a correction that says who made it and why, not by overwriting the data.
- Deliver the monthly summary to people who work part-time or do overtime, together with the payslip.
- Keep it for four years and have the record available at the workplace.
- Review the month. Missed clock-ins, days over 9 hours, short rests, and accumulated overtime.
Keep working time records with Fichómetro
Fichómetro (our own product) is a working time recording app designed for small businesses in Spain. Each person clocks in with one tap from their mobile or computer, the server sets the time, 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 for 1 person. For more, €2 per active person per month, plus taxes, with a 30-day trial and no card required. The app is available in English, Spanish, Catalan, Galician and Basque.
Frequently asked questions
Is working time recording mandatory with just one employee?
Yes. The obligation does not depend on the size of the company: one employee is enough.
Does a self-employed worker have to record their working time?
Not their own, because they are not covered by the Workers’ Statute. The working time of any people they employ, yes.
Is an Excel file or sign-in sheet valid?
Today yes, as long as the record is daily, shows the actual time, and cannot be altered afterwards. That is exactly what is hard to prove with Excel. The royal decree being prepared by the Government would require digital recording, but it has not yet been approved.
Do breaks have to be recorded?
The law only mentions clock-in and clock-out. The Ministry of Labour guide recommends also noting breaks that are not work, because if they are not recorded, all the time between clock-in and clock-out is presumed to be work.
And in remote work?
Also yes. Spain’s Law 10/2021 on remote work says the record must accurately reflect the time the person spends working, with the start and end of the working day.
How long must the working time record be kept?
Four years, available to workers, their representatives, and the Labour Inspectorate.
What is the fine for not keeping the working time record?
It is a serious infringement: from €751 to €7,500, depending on the level assessed by the Inspectorate.
Is digital working time recording already mandatory?
No. As of October 1, 2026, the royal decree that would impose it has not been approved or published in the BOE.
Conclusion
Working time recording in Spain asks for little and asks for it every day: the actual start and end time of each person, kept for four years and available when requested. What changes with the royal decree, when it arrives, is the medium: digital, with breaks, traceable corrections, and access for the Inspectorate. Anyone already doing it that way will not have to change anything.
This article is for information only and does not replace advice from your employment law advisor. Also check your collective agreement, which may specify how the record is organized.
Useful links
- Fichómetro: working time recording for small businesses, free for 1 person.
- Fichómetro Pro: the paid plan, at €2 per active person per month, plus taxes.
- Article 34 of the Workers’ Statute, in the BOE (in Spanish).
- Guía sobre el registro de jornada, the Spanish Ministry of Labour’s guide (PDF, in Spanish).
