Mandatory Time Tracking in Spain: Complete Guide 2026

Since May 2019, all companies in Spain are required to record the working hours of their employees. This obligation, established by Royal Decree-Law 8/2019, amended Article 34 of the Workers' Statute to include Section 9, which regulates time tracking.

In this complete guide, we explain everything you need to know to comply with the regulations in 2026.

What does the law say exactly?

Article 34.9 of the Workers' Statute states:

"The company shall guarantee a daily record of working hours, which must include the specific start and end times of each employee's working day."

This means that every company with employees must record, every day, the entry and exit time of each employee. There are no exceptions based on company size or sector.

Who is required to track time?

The obligation applies to:

• All companies with at least one employee
• All workers, including:
  • Full-time employees
  • Part-time employees (with a special regime since before 2019)
  • Workers with flexible schedules
  • Remote workers
  • Senior management

The only exceptions are self-employed workers (who do not have an employment relationship) and cooperative worker-members in certain cases.

What must the record include?

The record must contain, at minimum:

1. Start time of the working day
2. End time of the working day
3. Worker identification
4. Date of the record

Although the law does not specify the format, it is recommended to also include breaks, overtime, and any relevant incidents.

What format is valid?

The law does not impose a specific format. Valid options include:

• Digital systems (apps, time tracking software, biometric terminals)
• Paper sign-in sheets signed by the worker
• Spreadsheets (Excel, Google Sheets)

However, the Labor Inspectorate especially values systems that:

• Cannot be easily manipulated by the company
• Allow workers to check their own records
• Guarantee preservation for 4 years
• Are reliable and have traceability

A digital time tracking software like RegulaKit automatically meets all these requirements.

How long must records be kept?

Records must be kept for 4 years and be available to:

• The workers themselves
• Legal representatives of workers
• The Labor and Social Security Inspectorate

How is the tracking system negotiated?

According to Article 34.9 of the Workers' Statute, the tracking system shall be organized through:

1. Collective bargaining (collective agreement)
2. Company agreement with worker representatives
3. Employer decision after consulting with representatives (if no agreement is reached)

What happens if you don't comply?

Non-compliance with time tracking is penalized under the Law on Infractions and Sanctions in the Social Order (LISOS):

The penalty is applied per work center, not per worker. However, the amount within each grade depends on the number of affected workers.

Want to calculate how much the fine could be for your company? Use our free fine calculator.

Labor inspections: what do they check?

During an inspection, inspectors verify:

• That an operational tracking system exists
• That the record reflects actual working hours (not theoretical schedules)
• That records from the last 4 years are preserved
• That workers have access to their data
• That representatives have been informed

How to implement digital time tracking?

Implementing a digital time tracking system is simpler than it seems:

1. Choose software that meets legal requirements
2. Configure your company's schedules
3. Register your employees
4. Train your team on using the system
5. Inform worker representatives

With RegulaKit you can have time tracking up and running in less than 24 hours, with setup support included.

Conclusion

Time tracking is not just a legal obligation: it's a management tool that protects both the company and its workers. It ensures regulatory compliance, avoids penalties, and provides valuable data for HR management.

If your company hasn't yet implemented a digital time tracking system, you're taking an unnecessary risk. Inspections are increasingly frequent and fines can be significant.