STS 372/2026, the Supreme Court sets when the worker must prove overtime
Ruling 372/2026 (15 April): the Supreme Court unifies doctrine on the overtime burden of proof when the company keeps no records.
Read more →Guides, regulations and tips on time tracking for your business.
Ruling 372/2026 (15 April): the Supreme Court unifies doctrine on the overtime burden of proof when the company keeps no records.
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We compare the best time tracking software in Spain in 2026: real prices from 1.20 euros, key features and which to choose by your size.
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Practical guide to digital time tracking: what the new rules (still in process) will require and how to implement them step by step.
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How to roll out time tracking in your SME: legal obligations, real costs from 1.20 euros/user, common mistakes and a downloadable checklist.
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Guide to GPS-geolocated clock-in: legality, GDPR, the sectors that need it and how to implement it step by step.
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With Spain's election on 29 November, the time-tracking decree can still be approved without parliament, but has no date. Where digital clock-in really stands.
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From 751 to 7,500 euros per workplace (and up to 10,000 euros under the new Royal Decree). All the 2026 time tracking fines and how to avoid them.
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€3,750 fine for Mercadona because its store managers did not clock in and their hours sat in an Excel planner. The fine is under appeal.
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Not keeping a time record is a serious offence in Spain, with a fine of €751 to €7,500 per workplace. How the Inspection sets the figure and what will change.
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The Workers' Statute requires 12 hours of rest between the end of one shift and the start of the next, down to 10 hours in special-hours sectors.
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With parliament dissolved, Spain's Government keeps the power to approve digital time tracking by royal decree until 29 November. What is still missing.
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A Madrid property management firm with no clock-in system will pay €41,192 for about 1,200 overtime hours calculated from the worker's own 610-row Excel.
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Unless the collective agreement or contract says otherwise, the law requires time off within 4 months. Pay, the 80-hour cap and when extra contributions apply.
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After missing June, July and September, Pérez Rey says the changes to Spain's digital time-tracking decree are done and points to October. No date yet.
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In 2027, 1 May and 25 December fall on a Saturday. The National High Court says staff who rest that day must get them back. What employers need to do.
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A one-off missed clock-in is rarely punishable, but repeated failure can be. What your employer can and cannot do, and how to handle it properly.
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A waitress claimed €5,476 in overtime. The judge cleared the bar because it had a clock-in system on its POS and the staff were the ones not using it.
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Securitas faces at least 33 inspection reports and €102,543 in penalties for overtime in Barcelona. Catalonia's TSJ upholds the fine and per-site fining.
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Generally, no. The employer must provide the means to clock in. What Spain's Supreme Court and the AEPD say about personal phones, plus alternatives to offer.
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Spain misses another deadline for the digital time-tracking decree. It now awaits the Council of State's backing, and the technical order is still missing.
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If the break is not effective working time, you must be able to deduct it from the record. When coffee counts, what the law requires and how to do it right.
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RD 723/2026 requires written information on pay, hours, shifts, overtime and algorithms. What changes, from when, and what to review in your company.
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UGT warns it won't sign new deals with the Spanish government unless the time-tracking decree passes, and admits it doesn't know where the text stands.
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No. A part-time contract cannot work overtime, except for force majeure. The legal route is complementary hours, which follow their own rules.
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Labour minister Yolanda Diaz says the digital time-tracking decree will be approved immediately after the legal changes requested by the Council of State.
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The legal cap is 80 overtime hours a year, but some hours don't count and one detail changes the maths. A guide for employers with the limit and its exceptions.
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Spain approves a Royal Decree requiring salary, working time and even algorithms to be detailed in the contract. What your company must review.
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The Basque High Court upholds a conviction with costs of over 12,000 euros for not counting on-call waiting time as working time.
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When on-call shifts, waiting time and stand-by availability count as working time under the Spanish Workers' Statute and CJEU case law, and how to record them.
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UGT threatens to walk out of talks unless the government approves the time-tracking rules in September. The key meeting is 2 September. What's at stake.
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The National Court annuls the AEPD biometrics guide on procedure. What changes for firms clocking in with fingerprint or face, and what stays the same.
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Overtime is voluntary unless agreed or forced by emergency. What the company can require, the 80-hour annual cap and how to document it safely.
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A Lugo court rejects a transport firm's appeal and upholds the Inspectorate fines for exceeding the overtime cap and failing to pay it.
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Catalonia's High Court rejects a company's claim that its employee wasn't clocking in, because it produced no mandatory time record.
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Will Bixpe's free plan cover you under the new Royal Decree? Reviews, real limits and the alternative that complies from €1.20/user. 14-day trial.
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Bizneo targets medium and large companies and doesn't publish pricing. If you only need a time record, the lightweight alternative costs from €1.20/user.
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Looking for a ControlLaboral.es alternative? We compare reviews, pricing and features against Cleverfy, with free migration included.
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Factorial from €5.50/user; Cleverfy from €1.20. If you only need time tracking, this is the alternative. Reviews, pricing and a 14-day trial.
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Holded (Visma group) is an invoicing ERP; its time tracking is an extra. For the time record, the specialised alternative from €1.20/user.
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Looking for an Intratime alternative? We compare reviews, pricing and features, and what you gain by switching to Cleverfy. Free migration.
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Looking for a Kronjop alternative? Real reviews, compared pricing and what your SME gains by switching to Cleverfy. Free migration.
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Personio doesn't publish pricing; Cleverfy does: from €1.20/user. The alternative for SMEs that want a time record without extra modules. Free trial.
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The Sesame HR alternative for SMEs: the same time tracking from €1.20/user versus Sesame's €5.50. Reviews, pricing and free migration.
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TramitApp costs from €3/employee; Cleverfy from €1.20. The alternative focused on time tracking, without modules you don't use. Free migration.
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Woffu (Visma group) limits its base plan to 10 employees. Compare pricing and reviews and switch to Cleverfy: free migration and a 14-day trial.
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A court upholds the dismissal of a worker who refused to clock in despite having three systems. The company rebuilt his working day using geolocation.
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The Supreme Court orders equal access to working time records for union delegates — without waiting for them to ask. What it means for your company.
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With AEMET orange and red warnings, a company can adjust working hours or grant up to 4 days of paid leave. How to apply it and record it properly.
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The Ministry accepts stronger data protection and a bigger role for collective agreements to pass digital time tracking by decree before August.
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Two June 2026 rulings set the limits of art. 12.4 ET, which presumes full-time work when part-time hours are not recorded, unless proven otherwise.
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Pérez Rey pins approval of the digital time-tracking decree on a Cabinet meeting before the summer break. In practice, the 21 or 28 July session.
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Spain's unions set 31 July as the deadline for the time-tracking decree. If it slips, they warn they will sign no further deals with the government.
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Díaz gives way to Cuerpo and rewrites the working-time decree to ease the burden on SMEs, aiming to approve it before August.
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The TSJ of Catalonia upholds the dismissal of a manager who falsified his time records to be absent. Cross-checking with access control exposed him.
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Yolanda Díaz tells a union rally she will approve the digital time-tracking decree despite the Council of State opinion and opposition in Congress.
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CCOO and UGT demand the Government approve the time-tracking Royal Decree without further delay. Meanwhile, the text still has no date in the official gazette.
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Castilla-La Mancha's High Court upholds a Mercadona dismissal but throws out the lateness claim because the time-tracking record proved he clocked in on time.
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Catalonia's High Court rules a dismissal for not clocking in unfair: the prior warning wasn't proven. Cleverfy logs every warning.
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Spain's Secretary of State for Labor, Joaquín Pérez Rey, confirms the Royal Decree on digital time tracking will be approved before summer 2026.
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The Canary Islands TSJ upholds €1,463.82 against RIU Hotels and voids the verbal pact that compensated rest periods under 12 hours with €2.42/day.
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The Canary Islands TSJ upholds a €15,250 fine against SUFI for time-record sheets corrected with TIPEX and unpaid night overtime. Full breakdown.
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Canary Islands High Court voids CIRCET's time-tracking policy: it bundled holiday and leave deadlines into clock-in rules without opening a consultation period.
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An Avilés court dismisses a substantial-modification claim thanks to KAEFER's clock-in records. Records protect employers too.
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The Supreme Court applies the art. 156.3 LGSS presumption to a remote-work heart attack. Without reliable records, the worker wins.
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Yolanda Díaz (11 May) reaffirms the digital records decree: final procedures with pre-summer approval as the horizon. What it implies.
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Spain's 2026 Annual Normative Plan confirms the digital records decree and leaves out working-time reduction. No Congress vote needed.
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Díaz set decree approval for before 21 June. The deadline passed with no BOE publication: the real status and what comes next.
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Catalonia's high court orders ABaC to pay overtime: facial-recognition clock-in failed and the company produced no records.
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The Basque high court dismisses 624 overtime hours: the work-hour records proved the employee did rest. Real case with ruling.
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Catalonia's high court upholds a 928-hour overtime award: the company's records, full of cross-outs, weren't reliable evidence.
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Carlos Cuerpo proposes extending the digital-records adaptation period from 20 days to a year. Labor caps it at six months.
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Castilla y León's high court upholds the dismissal of a waitress who falsified her clock-out time. Lessons for employers and staff.
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The minister tells Congress the digital records decree will pass despite the Council of State's unfavorable opinion.
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Spain's Council of State issues an unfavorable, non-binding opinion on the digital records decree. What it means and how to prepare.
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Asturias' high court upholds a dismissal based on clock-in geolocation. The ruling and what it means for your company.
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Ruling STS 4159/2025 requires paying lunch breaks if the employee stays available. What it means for your company and how to adapt.
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How to plan rotating shifts in retail: patterns, rotation groups, swaps between employees and mistakes that cost money. With a template.
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What presence control is, how it differs from Spain's legal time record, what systems exist (app, kiosk, terminal, fingerprint) and what each one costs.
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Spain's AEPD clarifies work-hour records under GDPR: no consent needed, but you do need a DPA, data minimization and an info protocol.
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Pérez Rey confirms the regulation banning paper clock-in is in its final stage. Fines of up to €10,000 per employee.
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Senior executives (RD 1382/1985) do not; middle managers and supervisors do. What the law and the courts say, case by case.
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Dental clinics, physiotherapy practices and medical offices must clock in too. A practical guide to healthcare's challenges and fixes.
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Civil servants: the EBEP does not require time tracking. Contract staff: yes, like any employee. Who must clock in and who does not, by the book.
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Part-time instructors, irregular schedules and classes that change weekly. How to manage gym clock-ins without the hassle.
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The Basque high court dismisses a €3,939 overtime claim: DIA produced its digital work-hour records. Full ruling analyzed.
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How the burden of proof shifts in overtime claims depending on whether the company keeps digital work-hour records. Legal analysis.
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The most common SME mistakes in work-hour records, with a real case showing the consequences of getting it wrong.
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Catalonia's high court dismisses a 1,200-hour overtime claim because the company produced its digital work-hour records. Real case.
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Hospitality accounts for over 40% of work-hour record fines in Spain. A real case shows what missing records cost: thousands of euros.
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Yolanda Díaz announces the digital work-hour registry with real-time Labor Inspection access is nearly finished and will be approved soon.
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What an hour bank is, how positive and negative hours work, what the Workers Statute says and how to record it legally. With examples and a template.
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How the CJEU and art. 34.9 ET reversed the burden of proof: without work-hour records, claimed overtime works against you.
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Yes, it is legal with conditions: what GDPR, the AEPD and the new Royal Decree require to clock in with GPS. Requirements, limits and 2026 rulings.
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A Barcelona court rejects Majorel's work-hour records as fictitious: the company loses the disciplinary dismissal and pays €4,116.
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The Basque high court fines a restaurant that couldn't prove its employee's hours. Without records, the company loses.
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The Labor Ministry keeps mandatory digital clock-in despite Economy's reservations. We explain what it means for your company.
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The AEPD bans biometric clock-in (fingerprint and facial) except in special cases: fines up to 20M euros, recent rulings and legal alternatives.
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The decree's real requirements and what to demand from your vendor. Don't buy promises — buy what you can test today.
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A company used a secret code to wipe overtime from its records. Two serious Labor Inspection citations. What they did wrong.
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How to set up clock-in at a restaurant or bar with split and rotating shifts: valid systems, typical mistakes and the ABaC case of Jordi Cruz.
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Guide to choosing time tracking software: 7 key criteria, red flags to avoid and a downloadable checklist to decide well.
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What Spain's Labor Inspection checks on time tracking, current penalties and how to prepare in 24 hours or one week.
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How site workers clock in with geolocation, a mobile app that works offline, multi-site work and the construction agreement. Practical 2026 guide.
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You're self-employed with staff. Do you need time tracking? Yes. Does it have to be hard? No. A practical guide to comply.
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How to clock in from home and the office without spying on anyone: valid remote clock-in, digital disconnection and what the law requires. 2026 guide.
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Retail time tracking with rotating shifts, multi-store management and digital clock-in. A practical guide to comply without hassle.
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An honest Excel vs digital software comparison: legal compliance, real cost and when to make the switch to digital records.
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The CJEU's December 2024 ruling requires recording domestic workers' hours. Fines and overtime claims are at stake.
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Comparison of Spain's 5 best digital clock-in tools: pricing, clock-in methods and which to pick for your company.
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If you keep no work-hour records and an employee claims overtime, the burden of proof falls on you. We walk through the case law.
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The 18/1/2023 ruling confirms apps where employees record their own hours are legally valid. What it means for your company.
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