Court upholds dismissal for geolocated time clocking from home: what it means for your business

A technician clocked in from home. His company fired him. A court sided with the company.

An elevator maintenance technician used an app on his corporate mobile to clock in and out of his work day. The app recorded the time and location of each punch. Nothing unusual.

Until the company detected a pattern: the worker was clocking out at the end of his shift from his home in Langreo (Asturias), during work hours. Not once, but 11 times in a single month.

After several warnings that had no effect, the company fired him on disciplinary grounds. The worker appealed. The Superior Court of Justice of Asturias upheld the dismissal in a ruling from November 2025 that sets a clear precedent on the use of geolocation in workplace time tracking.

What the ruling says exactly

The court found the repeated breach of agreed working hours proven and upheld the dismissal. But most relevant is what it says about geolocation as a time control tool:

1. Geolocation time tracking is lawful

The court emphasized that the use of geolocation was proportionate and compliant with regulations because:

• The device was corporate (not the worker’s personal mobile).
• The app only recorded location at the moment of clocking — it did not do continuous tracking.
• The employee knew how it worked and had been informed.

2. Employers can supervise working time compliance

The ruling cites Article 20.3 of the Workers’ Statute, which authorizes employers to adopt supervisory measures to verify compliance with work obligations, provided they are appropriate to the nature of the position.

An elevator technician works at different points around the city. How does the company verify he’s where he says he is? Geolocation time tracking is the most proportionate answer.

3. Workers must be informed (LOPDGDD)

The ruling also emphasizes that Organic Law 3/2018 (LOPDGDD), in its Article 90, requires clear information about:

• That a geolocation system is being used.
• The purpose of the processing.
• The scope of data collection.
• The employee’s rights.

In this case, the company complied with all these obligations.

4. Clocking from home is only valid in very specific cases

The TSJ of Asturias recalled a Supreme Court doctrine: the home can only be a valid clocking point in fully decentralized companies that have no physical headquarters where the workday begins. In this case the company did have a defined place to start daily activity, so clocking from home lacked justification.

What this means for your company

This ruling, together with previous Supreme Court jurisprudence, leaves a fairly clear framework:

✅ You can use geolocation in time tracking if:

• You use corporate devices or the worker has consented to use their own.
• The app only records location when clocking, it doesn’t do continuous tracking.
• You have informed the worker in writing about the use of geolocation, its purpose and their rights.
• The measure is proportionate: the position requires mobility and there’s no less invasive alternative.
• GPS time tracking is included in the company’s internal time tracking policy.

❌ You CANNOT:

• Activate geolocation outside work hours or during breaks.
• Do continuous tracking of worker location (real-time tracking).
• Force workers to install geolocation apps on their personal mobile without consent.
• Use geolocation without previously informing the worker.

⚠️ Gray area:

• Employees on agreed remote work: if the remote work agreement allows clocking from home, geolocation would confirm (not contradict) the clock-in.
• Companies without physical headquarters: the home may be valid as a clocking point, according to Supreme Court doctrine.

The difference between point geolocation and continuous tracking

This is the key point that many companies confuse:

Point geolocation (what the court validates): the app records where you are only at the exact moment you clock in. It doesn’t follow you during the day. It doesn’t know where you eat lunch or how you move around. It’s a point-in-time data, like a location stamp.

Continuous tracking (what’s not allowed without specific justification): the app records your position constantly throughout the entire workday. This is much more invasive and is only justified in very specific cases (vehicle fleets, security, etc.) with specific proportionality analysis.

The TSJ of Asturias ruling validates the first model. And this is exactly how geolocation works in time tracking apps like Cleverfy: it records your location only when you clock in, it doesn’t track you.

What will change with the new Royal Decree

The draft Royal Decree on Digital Working Time Registration, currently under urgent processing in the Council of State, expressly mentions geolocation. Article 2 requires the record to be “objective, reliable and accessible” and explicitly allows identification of on-site clocking vs remote work.

This reinforces the legality of recording location when clocking: it’s precisely what allows differentiating whether a clock-in was made from the office, from a client site, or from home.

For a more detailed explanation of the legality of geolocation in time tracking, see our complete guide on geolocation time tracking.

How to implement geolocation time tracking correctly

If your company has mobile employees (technicians, salespeople, delivery drivers, multi-site cleaning staff) and you want to use geolocation in time tracking, these are the steps:

1. Choose software that does point geolocation, not continuous tracking. The app should record location only at the moment of clocking.
2. Inform workers in writing before activating the functionality. Include: what data is collected, for what purpose, how long it’s retained, and how to exercise their rights.
3. Document the justification: why geolocation is necessary for that specific position. A field technician needs it; an office worker who always works in the same place probably doesn’t.
4. Collect consent if you use workers’ personal devices. If you use corporate devices, informing is enough (legal basis: legitimate interest + legal obligation for working time registration).
5. Configure data retention according to regulations: time tracking data must be kept for 4 years according to the new Royal Decree.

At Cleverfy, geolocation works exactly like this: it records location only when clocking, doesn’t do continuous tracking, and complies with all GDPR and Royal Decree requirements. Try it free for 14 days →

Frequently asked questions

Can I be fired for clocking from a place that’s not my workplace?

Yes, as this ruling demonstrates. If your company has a defined place to start the workday and you repeatedly clock from home without justification, it can be considered repeated non-compliance that justifies disciplinary dismissal.

Is it legal for my company to know where I am when I clock in?

Yes, provided you’ve been informed beforehand, the measure is proportionate, and only location at the moment of clocking is recorded. This is what the TSJ of Asturias confirms.

Can they force me to install a GPS time tracking app on my personal phone?

Not without your consent. If the company wants to use geolocation, it must provide a corporate device or an alternative (kiosk mode tablet, web clocking with IP restriction, etc.). For more detail, see our guide on whether geolocation time tracking is legal.

What’s the difference between geolocation and tracking?

Point geolocation records your location only at the moment of clocking. Continuous tracking follows you throughout the entire workday. Courts validate the first; the second requires much stronger and more specific justification.

Does Cleverfy do continuous tracking of my employees?

No. Cleverfy only records location at the exact moment of clocking. It doesn’t track employees outside that moment. It’s the model that courts have validated as proportionate and lawful.

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Sources:

• STSJ Asturias, Social Chamber, November 2025
• El Confidencial: ruling analysis
• Art. 20.3 Workers’ Statute
• Art. 90 LOPDGDD — Right to privacy before the use of geolocation systems