Working hours registration of ETT

Companies must register the working hours of all staff. Specifically, regardless of the size of the company, a daily record of the working hours of all employees (permanent, temporary, part-time, and full-time) must be kept, which includes the exact time of start and end of the working day. When it comes to employees with split shifts, the time of entry and exit for both the morning and afternoon must be reflected.

In the case of workers providing services remotely (teleworking), the working hours registration must accurately reflect the time that the worker dedicates to work activities, without prejudice to flexible hours, and must include the start and end times of the working day.

Failing to comply with the registration obligation constitutes a serious infringement, punishable by fines ranging from 751 to 7,500 euros. Furthermore, the Inspection's criterion is to impose a fine for each workplace where non-compliance is detected.

In contracts for provision of services, and despite the fact that the formal employer is the ETT, the Labor and Social Security Inspection has established that the responsibility for ensuring the registration of working hours for such employees lies with the user company. In case of non-compliance, it will be sanctioned with the aforementioned fine. If the ETT worker does not register the working hours and the company wishes to sanction them disciplinarily, it would correspond to the ETT – and not to the user company – to exercise this employer power.