Díaz confirms time tracking decree will proceed despite Council of State
The Labor Minister assures Congress that the digital working time registration Royal Decree will be approved 'even if it's the last thing I do', despite the unfavorable opinion from the Council of State.
“Even if it’s the last thing I do”
Yolanda Díaz made it clear this Wednesday in Congress that the digital working time registration Royal Decree will move forward. No nuances. No conditions. “Even if it’s the last thing I do”, stated the Second Deputy Prime Minister and Labor Minister in response to a question from ERC MP Jordi Salvador.
The statement comes after weeks of uncertainty following the unfavorable opinion from the Council of State, which cast doubt on the viability of the text as it was drafted.
What happened: quick timeline
For those who haven’t followed the saga:
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January-February 2026: The Royal Decree draft advances through the regulatory process. The Ministry of Labor and Economics clash over the scope of requirements.
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March 2026: The text reaches the Council of State, which issues an unfavorable opinion. The opinion is based on two reports from the Ministry of Economics that question aspects of the decree.
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March 25, 2026: Díaz responds in Congress plenary confirming that the decree continues forward.
What Díaz said exactly
The Labor Minister was forceful on three points:
About the Council of State opinion:
She described it as “very serious” and accused the Ministry of Economics of positioning itself “on the side of employers who fail to comply with working time matters”.
About her commitment:
“I will not be a cooperator with employers for those companies that don’t pay overtime and don’t comply with labor rights.”
About the legal basis:
She reminded that the reform stems from a European Court of Justice (ECJ) ruling that requires Spain to have an “effective, objective and verifiable” registration system. It’s not a ministerial whim — it’s a European obligation.
Does the Council of State opinion block the decree?
No. The Council of State opinion is not binding. The Government can approve the Royal Decree anyway in the Council of Ministers. It’s a mandatory procedure (it must be requested) but not determinative (it doesn’t have to be obeyed).
In fact, historically the Government has approved regulations with unfavorable opinions from the Council of State on several occasions. It’s not common, but it’s not exceptional either.
What the unfavorable opinion does is provide legal arguments for anyone wanting to challenge the decree once approved. But that’s a future problem, not a present obstacle.
Parliamentary support
A relevant detail: it was ERC who asked in the plenary about the decree, pressuring Díaz to confirm her commitment. This indicates there’s sufficient parliamentary support to defend the regulation if it were necessary to bring it to Congress.
What now?
The calendar looks like this:
| Step | Status |
|---|---|
| Draft and public consultation | ✅ Completed |
| Ministerial opinions | ✅ Completed (with Labor-Economics conflict) |
| Council of State | ✅ Opinion issued (unfavorable, non-binding) |
| Council of Ministers | ⏳ Next step — Díaz confirms it will be approved |
| Publication in BOE | Pending |
| Entry into force | Pending (presumably with adaptation period) |
There’s no specific date for the Council of Ministers, but Díaz’s statement leaves no doubt about the intention.
What it means for your company
If you were waiting to see what would happen with the decree to decide whether to digitize your working time registration, the answer is clear: it will happen.
The Council of State opinion is not a brake — it’s a pothole on the road. And Díaz has just publicly confirmed she’ll drive right over it.
Companies that prepare now will have an advantage:
- Avoid the rush when it’s published in the BOE
- Can choose calmly the solution that best fits
- Start generating historical data of clock-ins before it becomes mandatory
Complying with digital time registration doesn’t have to be expensive or complicated. Solutions exist from less than €2/employee per month that cover all draft requirements: digital clocking, traceability, inspection access, and data retention.
Want to get ahead? With Cleverfy you can digitize your company’s time registration in 10 minutes, meeting all the Royal Decree draft requirements. Try it free for 14 days →
Sources: The Objective
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