He time record has become a crucial aspect of labor management worldwide, with specific legislation seeking guarantee workers’ rights and transparency in the workplace.
In this context, the implementation of day record labor has gained relevance in several countries of Europe, Latin America and, above all, Spain, where to know well the regulations and regulations are key for legal compliance and efficient management of the personnel management.
Regulations in Spain
In Spain, time registration is mandatory since May 2019, when Royal Decree-Law 8/2019 came into force. This regulation establishes that All companies must record the working hours of their employees daily.including the start and end of the day. The legislation aims to combat overtime fraud and ensure compliance with the agreed working day.
Companies must retain these records for four years and make them available for labor inspections. The fines due to not keeping an adequate time record, they can fluctuate between €626 and €6,250considerably affecting the offending companies.
New measures have recently been introduced that reinforce the obligation to digitize these records. This will allow the Labor Inspection to access the data in real time, which will eliminate deceptive practices and increase transparency. Consequently, the use of records in paper will no longer be validdemanding that companies adopt electronic systems for recording workdays, like the time control software like Bizneo HR.
Additionally, these updates also They address the teleworking modalityforcing companies to ensure that Employees who work remotely also record their hours accurately and accessible.
Legislation in Mexico
In Mexico, the Federal Labor Law regulates the registration of working hours. According to article 804, Companies are obliged to keep detailed control of hours worked for its workers. This includes both regular work hours and overtime. In addition, article 59 establishes that workers must register their entry and exit in the systems implemented by the company, which guarantees adequate supervision of working time. Failure to comply with this regulation may result in equivalent fines ranging between 5,428 and 162,855 pesos.
Regulation in Colombia
In Colombia, the Substantive Labor Code regulates the working day and time registration. Article 162 establishes the obligation to keep track of hours worked. Colombian legislation also requires companies to keep these records for at least three years and present them to the labor authority when required. Failure to comply can result in significant penalties and fines.
The penalties for not complying with these regulations vary depending on the severity of the violation and the size of the company. For an infraction considered minor, the Fines can range between 0.23 and 3.22 Tax Tax Units (UIT) for each affected worker. However, if the violation is serious or very serious, the penalties may be higher.
Regulations in Argentina
In Argentina, the Employment Contract Law (Law 20,744) regulates the working day and the recording of hours worked. Under this law, employers must keep an accurate record of the hours worked by each workerincluding overtime. This record must be available for labor inspections and kept for a period determined by regulations. Additionally, companies that do not comply with these regulations may be included in the Registry of Employers with Labor Sanctions (REPSAL), which may affect their reputation and ability to operate.
Failure to comply with these obligations can lead to sanctions and fines for companies, which are usually calculated based on the Minimum Living and Mobile Wage (SMVM), and their value may vary depending on the severity of the violation and the number of workers affected.
Legislation in Chile
In Chile, the Labor Code establishes the regulations for the registration of working hours. Article 33 of the code specifies that companies must keep a record of attendance and hours worked, including overtime. Additionally, Chilean law requires that these records be maintained for at least five years.
Companies that do not comply with these provisions may face financial penalties. These vary depending on the size of the company. For minor, serious and very serious infractions, the amounts in Monthly Tax Units (UTM) are: 3, 4 and 5 UTM for microenterprises (1 to 9 workers); 6, 8 and 10 UTM for small companies (10 to 49 workers); 24, 32 and 40 UTM for medium-sized companies (50 to 199 workers); and 36, 48 and 60 UTM for large companies (200 or more workers).
Regulations in Peru
In Peru, the Labor Productivity and Competitiveness Law (Legislative Decree 728) regulates the recording of working hours. The regulations establish that Employers must keep detailed records of hours worked, including overtime.. These records must be kept for at least five years and be available for labor inspections. Failure to comply with these obligations may result in sanctions and fines for companies. These types of infractions can mean fines that are classified from 1-5 UIT (Tax Tax Unit), 6-10 UIT and 11-20 UIT, respectively.
Regulations in France
In France, the Labor Code requires companies Keep accurate records of your employees’ work hoursincluding normal hours, overtime and rest periods. This registration is essential to ensure correct workers’ compensation and must comply with established legal provisions.
Failure to comply with these obligations may result in administrative sanctions, with fines that can reach up to 750 euros per affected worker. Additionally, companies must retain these records for a minimum of five years, being prepared for labor inspections that can occur at any time.
Lack of proper maintenance or Tampering with these records can not only aggravate sanctionsbut also lead to more serious legal consequences, such as the presumption of unpaid overtime.
Regulations in Portugal
In Portugal, the Labor Code requires companies to keep a detailed record of the hours worked by their employeesincluding overtime and rest periods. These records must be kept for at least five years and be available to labor authorities in the event of an inspection.
Failure to comply with these obligations may result in administrative fines, the amount of which varies depending on the severity of the violation and the size of the company. The Sanctions can range from 2 to 12 minimum wages for each affected worker.depending on whether the offense is considered minor, serious or very serious.
Additionally, repeat violations could result in additional penalties or even suspension of business activities.
Regulations in Brazil
In Brazil, the Consolidation of Labor Laws (CLT) establishes that employers must keep a record of their employees’ working hours, including hours worked and overtime. This record It is mandatory for all companies with more than 20 employees and must be maintained for a minimum period of five years.
Failure to comply with these regulations may result in fines from the Labor Inspection. As for the sanctions, these are adjusted depending on the severity of the infraction and the size of the company, and may start from 300 reais per affected worker in cases of minor infractions, and increase significantly in more serious situations or recidivism.
Responsibility of Human Resources for the time control of workers
The Implementation and supervision of time registration falls on Human Resourceswhich must ensure regulatory compliance with the workers’ time records. They must also train the team on its importance and ensure the secure and accessible data storage for labor inspections.
A time control software like Bizneo HRstands as the most used tool to manage workers’ hours in an efficient, digitalized and precise way, regardless of the size of the company or type of workday.
On the one hand, these tools allow the self-management of time registration by each worker, greatly reducing the time that Human Resources has to invest in these tasks.
On the other hand, it allows managers create workflows to automate many of the processes related to time controlsuch as approving absence requests, creating sequences to notify workers or managers of time incidents or generating rotating schedules automatically.
Not only that, but HR professionals HH. will have the possibility of extract detailed reports where to check compliance with the law with a balance of hours worked, as well as geolocation records or overtime hours carried out in a specific period of time.
In conclusion, the day record It is essential in personnel management and the compliance with laws of each country. Although the rules vary, the global trend is towards greater regulation of control in the workday recordwith serious consequences for companies that do not comply. Without a doubt, Human Resources plays a crucial role in ensuring compliance and promoting accurate and transparent control.
