Civil Servants vs Contract Employees: Who Must Clock In?

Legal note: This article is for informational purposes only and does not constitute legal advice. The new Royal Decree on digital time tracking is currently being processed (February 2026).

The debate that keeps coming back in every public office

You’ve been seeing it all over social media these days: “Civil servants don’t have to clock in, but contract employees do.” The claim has sparked thousands of comments, plenty of confusion, and quite a bit of outrage. Some think it’s an unfair privilege; others say it’s simply not true.

What’s the reality? Quite a lot. But with nuances that change the picture considerably.

Let’s break it down calmly, with the law in hand.

The short answer

Contract employees (personal laboral) are required to clock in. It doesn’t matter whether they work for a private company or a city council: if they have an employment contract, the Workers’ Statute (Estatuto de los Trabajadores, ET) applies to them, and Article 34.9 mandates time tracking.

Career civil servants (funcionarios) and temporary appointees are not legally required to clock in. Their relationship with the administration is governed by the EBEP (Basic Statute for Public Employees, RDLeg 5/2015), which does not include an obligation equivalent to Article 34.9 of the ET.

That simple. And that complicated, because in practice things aren’t so black and white.

Why the difference? ET vs. EBEP

The key is understanding that Spain has two distinct legal frameworks governing employment relationships:

Workers’ Statute (ET)

This regulates all workers with an employment contract: private sector employees and contract employees in public administrations. Since 2019, Article 34.9 (added by Royal Decree-Law 8/2019) requires employers to ensure daily time tracking for every worker. No exceptions.

Technical Criterion 101/2019 from the Labour and Social Security Inspectorate (ITSS) makes it clear: the obligation applies to all personnel within the scope of the ET, including contract employees serving in public administrations.

EBEP (Basic Statute for Public Employees)

This regulates career civil servants, interim civil servants, and temporary appointees. Article 47 addresses working hours, but does not include any time tracking obligation equivalent to Article 34.9 of the ET.

The Resolution of 28 February 2019 (from the State Secretariat for Public Administration) regulates working hours and schedules in the General State Administration, but it doesn’t establish a mandatory formal clock-in/clock-out system either.

Result: two groups of workers who may sit side by side in the same office, with different obligations regarding time tracking.

What exactly is “contract staff” in Spanish public administration?

This is a point that causes a lot of confusion. Many people assume that everyone working in a city council, regional government, or ministry is a “civil servant.” That’s not the case.

Contract employees (personal laboral) are public employees hired through a standard employment contract — the same type of contract that any private sector worker signs. They’re governed by the Workers’ Statute, not the EBEP, even though their employer is a public administration.

Common examples of contract employees in public administration:

• Cleaning and maintenance staff
• Workers in public companies and autonomous bodies
• Certain technical and auxiliary positions
• Staff hired for temporary programmes or projects

According to data from the Central Personnel Registry’s Statistical Bulletin, over 600,000 public employees in Spain are contract staff. It’s an enormous group.

And all of them are required to clock in, exactly like an employee of an SME or a multinational. The Labour Inspectorate can sanction an administration that doesn’t comply, just as it would sanction a private company.

The important nuance: many public bodies already require everyone to clock in

Just because it’s not legally mandatory for civil servants doesn’t mean it’s not done. In fact, the trend is moving in the opposite direction.

The Resolution of 28 February 2019 itself mentions “working time compliance programmes and absenteeism control” for civil servant staff. It’s not a formal time tracking obligation, but it’s an implicit mandate for oversight.

In practice:

• Numerous Autonomous Communities have implemented clocking systems for all their staff, civil servants included.
• Many city councils require all employees to clock in, without distinguishing between contract staff and civil servants.
• The General State Administration has attendance control systems in most of its buildings.

The reason? Beyond efficiency and transparency, it’s a matter of internal fairness. It’s hard to justify why contract staff in an office have to clock in while the civil servant at the next desk doesn’t. Several reports recommend implementing a common system to avoid situations of discrimination.

Does the new Royal Decree change anything for civil servants?

No.

The draft of the new Royal Decree on digital time tracking develops Articles 12.4.c), 34.9, and 35.5 of the Workers’ Statute. In other words, it applies exclusively within the scope of the ET.

It doesn’t modify the EBEP. It doesn’t introduce a clocking obligation for civil servants. The legal situation for career civil servants remains exactly the same as before the draft.

That said, the new Royal Decree will tighten requirements for contract employees (including those in public administrations):

• Mandatory digital time tracking (paper records will no longer be valid)
• Remote access for the Labour Inspectorate
• Non-tamperable timestamps
• Data retention for 4 years

If your organisation has contract employees and still relies on Excel spreadsheets or paper records, it’s time to adapt. For more details on the requirements, we have a step-by-step guide covering everything you need to know.

What should I do if my organisation has contract employees?

If you manage contract employees in a public administration, the time tracking obligation is exactly the same as for any private company. You need a system that:

• Records each worker’s daily hours
• Is digital and tamper-proof
• Allows remote access for the Inspectorate
• Retains data for at least 4 years

Cleverfy meets all of these requirements and is designed to adapt to any organisational structure, from an SME with 5 employees to a public body with hundreds of workers. You can try it free for 14 days, no commitment, and the Basic plan starts from just €1.50/employee/month.

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Frequently asked questions

Does an interim worker have to clock in?

It depends on their type of relationship. Interim civil servants are governed by the EBEP, so they’re not legally required to track their hours (although many public bodies require it anyway). Interim contract employees (with a temporary employment contract) are required to clock in, because the Workers’ Statute applies to them.

Can the Labour Inspectorate sanction a public administration?

Yes, regarding contract employees. The Inspectorate has the authority to verify compliance with Article 34.9 of the ET for contract staff in public administrations, and it can impose sanctions.

Is it discriminatory for some to clock in and others not in the same office?

It’s an open debate. There’s no established case law on the matter, but several reports point out that the difference can create tensions. The general recommendation is to implement a common system for all staff, regardless of their legal status.

What time tracking system does a public administration need?

The same as any company: a digital system with reliable timestamps, remote access, and the ability to retain records for 4 years. Solutions like Cleverfy adapt to public bodies and allow you to manage both contract employees and civil servants with the same system. Check out our complete guide for more details.

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Sources: EBEP (RDLeg 5/2015), RDL 8/2019 (Art. 34.9 ET), Resolution of 28 February 2019, Technical Criterion 101/2019 of the ITSS.