Spain’s draft digital working time record rules: proposed requirements, status and current penalties
Last updated: 22 August 2026. Status: draft royal decree submitted to public consultation from 10 to 20 October 2025; as of 22 August 2026 it has not been published in the BOE and is not in force.
Recording working time has been mandatory in Spain since 2019, when Article 34(9) of the Workers’ Statute required every company to log daily the start and end of each worker’s working day and keep the records for four years. What the draft royal decree would change is the how: working time records would go digital, with remote access for the Labour and Social Security Inspectorate and data that is processable, readable and compatible with generally used formats, which would rule out paper sheets and editable spreadsheets without an audit trail.
This article summarises what the draft provides, who would be affected, where it stands, which penalties apply today and why working time records are also an occupational health and safety matter.
What the draft royal decree on digital working time records provides
- Working time records in digital format for all companies, regardless of size and sector, including SMEs and remote work.
- A record of each working day with start time, end time, breaks and overtime, with no subsequent changes possible without a trace.
- Remote access for the Labour and Social Security Inspectorate to the record data, without an on-site visit.
- Retention of the records for four years, an obligation already in force under Article 34(9) of the Workers’ Statute.
- Access for each worker to their record, with the right to obtain a copy at any time at the workplace, and delivery with the payslip of a copy of the summary for the relevant pay period.
- Data that is processable, readable and compatible with generally used formats and systems; additional technical requirements remain subject to implementing rules.
- Compatibility with the right to disconnect and with remote work regulations.
Who would be affected and where the draft stands
It would affect every company with employees. The October 2025 draft contains no specific adaptation period for SMEs or existing systems. Its fifth final provision proposes entry into force twenty days after publication in the BOE, but no official publication date has been announced: the text was submitted to public consultation from 10 to 20 October 2025 and, as of 22 August 2026, it has not been published and is not in force.
Current penalties: what is at stake today
Missing or irregular working time records may constitute a serious infringement under Article 7(5) of the LISOS, currently punishable by 751 to 7,500 euros depending on the degree. The proposal for penalties of up to 10,000 euros per affected worker belonged to Bill 121/000058, rejected by Congress on 11 September 2025, and is not contained in this draft royal decree. The Labour Inspectorate’s Strategic Plan 2025-2027 identifies rest and working-time limits as a strategic priority.
Working time records and occupational risk prevention
Working time records are not only a labour law obligation. Working time data is one of the best sources for detecting accumulated fatigue, long shifts, insufficient rest between shifts and irregular workloads, factors that the psychosocial risk assessment must take into account and that the draft reform of Spain’s Occupational Risk Prevention Law proposes referring to expressly. Cross-referencing working time records with preventive planning makes it possible to anticipate risk situations before they become accidents or absence from work. See our article on digital fatigue and workplace safety.
What companies should do now
- Review the current time-tracking system: if the draft is enacted in its current form, paper records and editable spreadsheets without traceability would not comply; until then, check compliance with Article 34(9) of the Workers’ Statute.
- Choose time-tracking software with change traceability, standard export and four-year retention.
- Define a record model covering start, end, breaks and overtime, also for remote work.
- Negotiate with or inform worker representatives about the system and data processing.
- Prepare the copy of the summary per pay period delivered with the payslip and individual access for each worker to their record.
- Connect working time data with the psychosocial risk assessment and health surveillance.
How Sabentis helps
Sabentis is not a time-tracking system; it is the preventive layer that uses its data: it integrates working time and shift data with the risk assessment, psychosocial studies and health surveillance through its safety, health and well-being modules, so that fatigue and workload show up on the prevention dashboard and not only on the payroll. To see how it integrates with your time-tracking system, request a demo.
Sources
- Workers’ Statute, Article 34(9) (working time records) and LISOS, Article 7(5).
- Royal Decree-Law 8/2019 on urgent measures for social protection and against job insecurity in working hours.
- Strategic Plan of the Labour and Social Security Inspectorate 2025-2027 (BOE).
- Ministry of Labour and Social Economy: draft royal decree on working time records (public consultation, October 2025, Spanish).
