Employee presence control: what it is and how to implement it

“Presence control,” “time control,” “work time tracking”… If you’ve searched for information about employee clocking, you’ve likely seen these terms used almost synonymously. They’re not exactly the same thing.

Presence control is the system that verifies if an employee is at their workstation. Work time tracking is the legal obligation to document when each workday starts and ends. In practice, most companies need both, and good software covers both with the same system.

This guide explains what the law requires, what options you have, and how to choose without making it more complicated than necessary.

What the law says about presence control

Since May 2019, all companies in Spain are required to record the daily working hours of each employee. This is established by article 34.9 of the Workers’ Statute (Estatuto de los Trabajadores), introduced by Royal Decree-Law 8/2019.

The regulation doesn’t distinguish between sectors, sizes, or contract types. It doesn’t matter if you have 3 employees or 300, if they work in an office or on the street. The registry is mandatory.

What the registry must include

• Start and end time of each working day
• Retention for 4 years
• Accessibility for workers, legal representatives, and Labor Inspection

Penalties for non-compliance

Not recording working hours is a serious infraction according to LISOS (Law of Infractions and Sanctions in the Social Order):

Degree	Fine
Minimum	€751 – €1,500
Medium	€1,501 – €3,750
Maximum	€3,751 – €7,500

And there’s more: without records, overtime hours are presumed to have been worked. If an employee makes a claim and you don’t have records, the burden of proof falls on the company.

What’s coming: mandatory digital registry

The new Time Control Royal Decree will require that the registry be exclusively digital and accessible remotely by the Labor Inspection. This means that signature sheets, Excel files, and paper records are numbered.

If you’re still using a manual method, now is the time to change.

Types of presence control systems

Not all companies need the same thing. Here are your options, with their real advantages and limitations.

1. Paper or Excel registry

The most basic method: each worker signs a sheet or fills out a template.

Advantages:

• Zero cost
• No technology needed

Problems:

• Easy to manipulate or falsify
• No traceability or integrity guarantee
• Impossible to audit efficiently
• Won’t comply with the new Royal Decree (which requires digital format)

For companies with 2-3 people it might seem sufficient today, but it won’t withstand a demanding inspection or the new regulations.

2. Time clock terminals (hardware)

Physical devices installed at the workplace: card readers, PIN, or fingerprint.

Advantages:

• Objective registry (the worker physically clocks in)
• Difficult to falsify if using biometrics

Problems:

• High initial investment (€500-2,000 per terminal)
• Maintenance and breakdowns
• Only works for on-site clocking (doesn’t cover remote work)
• Biometric systems have severe legal restrictions under GDPR

If all your employees always clock in at the same place and you don’t need to cover remote work, it might work. But you’re limited to one physical point.

3. Presence control software

Web or mobile applications that allow clocking in from any device.

Advantages:

• Works anywhere (office, construction site, home, client)
• Digital registry with complete traceability
• Automatic and exportable reports
• Complies with current and future regulations
• Low and predictable monthly cost

Limitations:

• Requires employees to have a device (mobile, computer)
• Depends on internet connection (though many work offline)

It’s the most versatile option and the one that best adapts to the new legal framework. From SMEs with 5 employees to companies with hundreds of workers in different locations.

4. Kiosk mode

A shared clocking point (tablet or device at the entrance) that various employees use to record their working day.

Advantages:

• Centralized clocking without giving individual access to each employee
• Ideal for hospitality, retail, factories, and warehouses
• Minimum hardware cost (one tablet)
• Combines the best of physical terminal and software

Limitations:

• Only for on-site clocking
• Needs to be complemented with mobile app if there are field employees

It’s a very popular option in sectors like hospitality, retail, and construction.

How to choose the right system for your company

There’s no universal solution. The best option depends on your specific situation:

Where do your employees work?

• Always in the same place → Kiosk mode or terminal
• In different locations → Mobile app with geolocation
• Partial or full remote work → Web/mobile software
• Combination → Software with multiple clocking methods

How many employees do you have?

• Less than 10 → Simple software, no complications
• 10-50 → Software with reports and incident management
• More than 50 → Software with roles, departments, and payroll export

What budget are you working with?

The official estimate from the Royal Decree’s economic report calculates that digital registry will cost SMEs (less than 50 workers) about €1,243 the first year and €1,093/year thereafter.

The reality is that much more affordable solutions exist. With modern clocking software, a company with 10 employees can comply from €180/year (basic plan) to €300/year (complete plan).

Common mistakes when implementing presence control

1. Choosing by price without looking at compliance

The cheapest system isn’t always the one that complies. A “free” Excel can cost you €7,500 in fines. Before choosing, verify that the system guarantees registry integrity, change traceability, and 4-year retention.

2. Not informing employees

Implementing a clocking system without formally communicating to workers is a data protection infraction. You don’t need their consent, but you do need to inform them that their data is being collected, for what purpose, and for how long.

3. Forgetting remote employees

If part of your team works remotely, you need a system that works outside the office. A terminal at the entrance doesn’t serve those who work from home.

4. Not having an incident protocol

What happens when an employee forgets to clock in? Who can correct a record? If you don’t define a clear protocol, you end up with inconsistent data that’s worthless in an inspection.

5. Geolocating without justification

Geolocation is only lawful if it’s proportional and necessary. Activating it for employees who always clock in at the office has no legal basis. Reserve it for itinerant or field workers.

What to look for in presence control software

If you’re going to choose software (and it’s the option we recommend for most companies), these are the criteria that matter:

Legal compliance:

• Registry with exact hour and minute
• Records non-modifiable without traceability
• 4-year retention
• Access for Labor Inspection
• DPA included (data processing agreement)

Functionality:

• Multiple clocking methods (app, web, kiosk)
• Break and rest management
• Exportable reports
• Incident alerts
• Support for on-site and remote work

Usability:

• Employee can clock in in less than 10 seconds
• Intuitive administration panel
• No technical training needed

Price:

• Transparent (no hidden implementation costs)
• Scalable according to number of employees
• No permanency

How Cleverfy does it

At Cleverfy we’ve designed presence control thinking of SMEs that want to comply without complications:

• 3-second clocking — Mobile app, web, Chrome extension, or kiosk mode. The employee chooses how to clock in.
• Law-compliant registry — Hour and minute, records with complete traceability, 4-year retention, access for Labor Inspection.
• Optional geolocation — Only if you activate it, and only at the moment of clocking. No continuous tracking.
• Automatic reports — Hours worked, absences, overtime. Exportable to Excel or PDF.
• Data in Spain — AWS Spain infrastructure, complete encryption, DPA included.
• From €1.50/employee/month — No permanency, no setup costs, no surprises.

Check pricing or try it free for 15 days with all functionalities.

Frequently asked questions

Is presence control mandatory for all companies?

Yes. Since 2019, all companies in Spain must record the working hours of all their workers, without exception of sector or size. The only partial exceptions affect certain senior executives, but even these cases have nuances.

Can I continue using paper signature sheets?

For now yes, although they have important legal risks (lack of traceability, ease of manipulation). When the new Royal Decree is approved, paper registry will no longer be valid: the system must be digital and accessible remotely.

What’s the difference between presence control and time control?

They’re overlapping concepts. Presence control focuses on verifying if the worker is at their post (attendance). Time control records entry and exit hours (time worked). In practice, any modern clocking software covers both needs with the same system.

How much does it cost to implement a digital system?

It depends on size and needs. Cloud software like Cleverfy costs from €1.50/employee/month (Basic plan). For a company with 10 employees, that’s €180/year — a fraction of what a single fine costs.

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Need to implement presence control in your company? Try Cleverfy free for 15 days. No card, no permanency.

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Sources: Estatuto de los Trabajadores — Art. 34.9, LISOS — Law of Infractions and Sanctions in the Social Order