Timekeeping regulations: what the law says and how to comply with it in 2026 

The Ministry of Labor plans to imminently approve the Royal Decree that will require digitize timekeeping, ...definitely eliminating signed documents and shared Excel files. The urgency is paramount: the draft law It will only give companies a 20-day grace period to implement an approved system once it is published in the Official State Gazette (BOE). There will be no delays.

SMEs that do not act now face an immediate double risk: Automatic fines of up to €7,500 (with proposed stricter measures in the new text) and the practical impossibility of finding, hiring, and training their staff on suitable software in less than three weeks. The Labor Inspectorate will have remote and real-time access to the data, therefore Improvisation is no longer an option.

The good news is that compliance is easier than ever. With the right tool, time tracking ceases to be an administrative burden and becomes a way to...to protect the company and provide transparency to the workforce. In this article we explain exactly what the law requires and how to resolve it quickly witha3HRgo.

What you will discover in this article

• What is timekeeping and when did it become mandatory? 
• Which companies and workers does it apply to? 
• What information should the record contain? 
• What means can I use to record the workday? 
• How long do records need to be kept? 
• What about overtime? 
• What are the penalties for non-compliance? 
• How to easily comply with a3HRgo? 

What is timekeeping and when did it become mandatory? 

Recording working hours is the obligation to record,day by day, the specific start and end times of each worker's workday. 

It is born with theRoyal Decree-Law 8/2019, of March 8, of urgent measures for social protection and the fight against precarious employment, which modified theArticle 34.9 of the Workers' Statute (ET). Its purpose is to create a framework of legal certainty in the relationship between company and worker, and to allow the effective control of working hours by the Labor Inspectorate, preventing working hours that exceed those legally established. 

Which companies and workers does it apply to? 

The general rule is very broad: timekeeping applies toall the workers, regardless of their professional category or group,to all sectors of activity and all companies, regardless of their size or organization. This also includes "mobile" workers, sales staff, temporary workers, or remote workers (teleworking). 

The main exceptions and particularities are: 

• Senior management staff(art. 2.1.a ET): is exempt from the rule. 

• Special employment relationships: they are governed by their specific regulations. 

• Specific regimes already in existence: part-time contracts (which already had their own registration obligation) and certain groups of RD 1561/1995 (road transport, merchant marine, cross-border rail). 

• Relationships excluded from the ET: working members of cooperatives, self-employed individuals, etc., whoNoThey are subject to Article 34.9 ET. 

Important: In the case ofETT, the obligation falls on the user company; in thesubcontractingof art. 42 ET, on the contracting company (true employer). 

What information should the record contain? 

By express legal requirement, the registry must reflectthe specific start and end times of the workdayof each working person. 

Furthermore, it is advisable to keep a record of thepauses and interruptions(breaks, split shifts, travel to other locations), in order to refute the presumption that all time between the start and end of the workday is effective working time. The method for calculating these breaks should be defined through collective bargaining or a company agreement. 

What means can I use to record the workday?

The standardIt does not impose a specific system.. Any means, whether paper or electronic, will be valid, provided it fulfills the legal objective: to provide information.reliable, unmodifiable and not manipulable after the fact, guaranteeing the traceability of the workday once it has been recorded. 

However, if the system uses digital devices, video surveillance, orgeolocation, Workers' rights to privacy must be respected (Article 20 bis of the Workers' Statute and Organic Law 3/2018 on Data Protection). The organization and documentation of the register is preferably established through collective bargaining or a company agreement; only failing that, is it determined by the employer after consulting with workers' representatives. 

How long do records need to be kept?

The company mustkeep daily records for four yearsand keep themavailableof the workers, their legal representatives and the Labor and Social Security Inspectorate. 

«"Available" means that they are accessiblewheneverfrom the workplace, which prevents the subsequent creation, manipulation, or alteration of records. It does not imply providing a daily copy to each employee, unless otherwise agreed. 

What about overtime? 

The daily work log and the record ofovertime(Art. 35.5 ET) are independent and compatible obligations. Each worker's working hours are recorded daily and totaled for the payment period.giving a copy of the summary to the workeralong with the corresponding payslip. A good time-tracking system allows you to fulfill both obligations at the same time. 

What are the penalties for non-compliance? 

Not keeping a proper record of working hours is aserious infractionaccording to article 7.5 of the LISOS (Law on Infringements and Sanctions in the Social Order), with fines ranging from€751 to €7,500per workplace. Given the sustained increase in inspection activity, the cost of non-compliance is becoming increasingly real. 

How to comply with regulations easily: a3HRgo

This is where a tool likea3HRgoIt makes a difference. Beyond being an employee portal, it incorporates atime registration systemdesigned precisely to comply with article 34.9 ET without complications: 

• Multi-device and geolocated clocking inEmployees record their work hours via the app, using their smartphone, tablet, or PC, from anywhere. Ideal for sales teams, remote work, or multiple work locations. 

• Real-time reportsThe solution instantly generates reports on time record information, ready for potential inspection. 

• Cloud-based web solutionUnlimited access, automatic backups, no hardware investment, and a business model ofpay-per-useaccording to active employees. 

• Workplace integration: it integrates fully witha3ADVISORand with other labor management applications on the market, drawing from a single database of companies and workers. 

• Data security and protectionSSL protocols and management in accordance with data protection regulations, a key point when using geolocation or digital devices. 

• Full employee portalIn addition to clocking in, employees can access payroll, certificates, contracts, and severance packages through the app, improving internal communication and their satisfaction. 

In this way, recording working hours ceases to be an inconvenient obligation and becomes a tool that providestransparency, agility and legal certainty. 

Conclusion

By 2026, time tracking will no longer allow for improvisation: it will be mandatory for almost all companies, must be reliable and tamper-proof, kept for four years, and available for inspection. Relying on a manual Excel spreadsheet is risky and impractical. 

The alternative is simple: digitize the timekeeping system with a solution likea3HRgo, which complies with regulations, reduces the administrative burden and improves your employees' experience from day one. 

👉Want to see how a3HRgo solves time tracking in your company?Register for our next WEBINAR.

Frequently asked questions about recording working hours 

Is recording working hours mandatory for all companies?

Yes. It applies to all companies and workers covered by the Workers' Statute, regardless of their size or sector. The only exceptions are senior management personnel or those under specific employment schemes. 

Is an Excel spreadsheet sufficient to record working hours?

Only if it guarantees that the information is reliable, immutable, and cannot be manipulated afterward. In practice, an editable Excel spreadsheet doesn't offer these guarantees; a digital solution with traceability like a3HRgo does. 

How long should I keep the records?

Four years, keeping them accessible to the staff, their representatives and the Labor Inspectorate. 

Does teleworking also require recording working hours?

Yes. Remote work is fully subject to the obligation, through electronic records that ensure the daily calculation of the working day. 

What happens if I don't comply?

It is a serious infringement (art. 7.5 LISOS) punishable by fines of €751 to €7,500 per workplace, in addition to the risk of claims for overtime.