Labor will fine companies that fail to comply with the reduction in working hours with up to 10,000 euros per worker

Provides for a proportional increase in salary if part-time employees maintain the same working hours

June 22 () –

The Ministry of Labor and Social Economy wants to fine companies that fail to comply with the time registration and the reduction of the maximum weekly working day to 38.5 hours in 2024 and to 37.5 hours in 2025 with up to 10,000 euros per worker, as stated in the draft of the preliminary bill for the reduction of the maximum duration of the ordinary working day to which Europa Press has had access.

This represents a tightening of the current sanctions regarding working hours in two ways: firstly, because companies will be fined for each worker who fails to comply with the rules and not globally, and secondly, because the amount of The fines, classified as a serious infringement by business owners, will be larger, going from a maximum of 7,500 euros to 10,000 euros.

Thus, according to the draft, the transgression of the rules and legal or agreed limits regarding working hours, night work, overtime, complementary hours, breaks, vacations, permits, registration of working hours and, in general, the time of work will be punished, to a minimum, with fines of 1,000 to 2,000 euros; in its medium degree, from 2,001 to 5,000 euros and, in its maximum degree, from 5,001 to 10,000 euros.

In the current legislation of the Law on Infringements and Sanctions of the Social Order, known as LISOS, the amount of fines for transgressing the legal limits of working time are sanctioned from 751 to 1,500 euros in their minimum degree; with 1,501 to 3,750 euros in its medium grade, and with 3,751 to 7,500 euros in its maximum grade.

Likewise, Labor indicates in the draft, delivered yesterday to the social agents, that the commission of an infraction will be considered for each affected worker.

In the case of non-compliance with the obligations regarding registration of working hours, the commission of an infraction will only be considered for each affected worker in cases of absence of registration, as well as in cases of omission of data or inclusion of false or inaccurate data.

THE NEW TIME RECORD: DIGITAL AND REMOTE ACCESS FOR INSPECTION

The text sent this Friday to unions and employers, which will be debated in a meeting with Labor next Monday, sets as its main objective the reduction of the weekly working day (on an annual average) from 40 to 38.5 hours during 2024 and to 37.5 hours on January 1, 2025.

But it also introduces changes to the working hours registration that was implemented in companies to guarantee that it is truly effective. “Presided over by the principles of objectivity, reliability and accessibility and interoperability”, Labor’s intention is to prevent registry entries from being falsified and for companies to truly comply with the new legal limits of the working day.

This new registry will be digital and accessible, automatically, for each worker, union representatives and the Labor and Social Security Inspection. In these last two cases, it must also be accessible remotely. The company will have to keep the records for four years and these will be available to workers, unions and the Inspection.

The Working Draft refers to a regulation, which it plans to approve within a period of six months, for the development of the legal contents of the registry, and establishes that the specification of its operation will be established through collective bargaining or company agreement or, Failing that, by decision of the employer after information and consultation with the union representatives.

The entire period elapsed between the start and end of the day reflected in the record will be considered effective work time. The time that exceeds the applicable ordinary working day will be considered, as appropriate, overtime or complementary hours.

The Ministry places the burden of proof on companies in case of non-compliance with registration obligations. In the event of non-compliance with respect to part-time workers, the contract will be presumed to have been concluded on a full-time basis, unless proven otherwise that proves the partial nature of the services.

PART-TIME CONTRACTS: PROPORTIONAL INCREASE IN SALARY

The Working Document does not contemplate exchanging ordinary working hours for extraordinary working hours, that is, an increase in overtime hours to compensate for the reduction in ordinary working hours. This point had already been advanced by the Secretary of State for Labor, Joaquín Pérez Rey, who “flatly” ruled out this exchange, although he believes that it is possible that someone (predictably businessmen) will put it on the table.

According to the draft, part-time contracts with a work duration equal to or greater than 38.5 hours per week in 2024 or 37.5 hours in 2025 will automatically become full-time employment contracts.

In different cases, Labor establishes that part-time workers will have the right to continue doing the same number of hours of work that they were doing before the entry into force of the rule that regulates the reduction of working hours. Likewise, they will have the right to a proportional increase in their salary, as appropriate.

Likewise, the text contemplates that workers with reduced hours will have the right to continue working the same number of hours that they had been working before the entry into force of this rule, with the same salary effects as those provided for part-time workers.

It is also established that the legal thresholds required for reductions in working hours will continue to be of temporary application at the time of their initiation and until such reductions decline, with the absolute limit of December 31, 2025.

Furthermore, according to the draft, the worker will have the right to request that the percentage of partiality or reduction of the working day that was being applied to him be maintained with respect to the new working day in force. In general, these requests must be evaluated by the company and their denial must be notified by the company to the worker “in writing and with reasons.”

SOCIAL DIALOGUE TABLE TO CONTINUE PROGRESSING IN THE REDUCTION OF WORKING WORKDAYS

After consulting unions and employers, the Government indicates in the text that it will proceed within 18 months to review the regulations on special working days to adapt the extensions and limitations in the organization and duration of the working day to the new maximum legal working day.

The document also establishes the creation, by the Executive, of a social dialogue table to evaluate the results of the reduction of working hours “and continue advancing in the reduction of the maximum duration of the ordinary legal working day, taking into account “takes into account the characteristics of the different sectors of activity, the evolution of productivity and the economic circumstances”.