Mandatory digital time tracking in Spain: Royal Decree status and when it takes effect
Updated 27 Jul 2026: Spain's Royal Decree is delayed to September. Real status, digital clock-in requirements, fines and how to get ready before the BOE.
Updated 27 July 2026. The Royal Decree that turns Spain’s time record into a digital, tamper-proof system remotely accessible to the Labour Inspectorate has still not been published in the BOE. On 24 July, the Labour and Economy ministries agreed to postpone its approval to September. Until then, the rule that binds you is article 34.9 of the Workers’ Statute, which requires recording working hours but does not mandate a digital format. This guide explains what is in force today, what the draft foresees and what to do before it lands.
⚡ The Royal Decree in 30 seconds
| Question | Answer as of 27 July 2026 |
|---|---|
| Is it in force? | No. It has not been published in the BOE. |
| When will it be approved? | Labour and Economy have postponed it to September 2026. |
| What is mandatory today? | Art. 34.9: daily time records, including paper or Excel if reliable. |
| What will change? | Digital only, automatic, tamper-proof, with remote Inspectorate access. |
| When will it be enforceable? | 20 days after publication in the BOE, unless the text sets an adaptation period (the Economy Ministry asked for one year for SMEs). |
| Fines today? | LISOS: €70 – €7,500. |
| Expected fines? | The draft points to a regime calculated per affected worker, far harsher. |
| Who does it affect? | Every company with employees, from 1 worker. Self-employed with no staff are exempt. |
How to use this page: we update it with every official development. If you want the step-by-step rollout, see the complete time tracking guide for SMEs; if you are choosing a tool, see the requirements your software must meet.
When does mandatory digital clock-in take effect?
There is no date in the BOE. That is the only honest answer as of 27 July 2026, and you should be wary of any vendor quoting you a firm date.
What we do know:
- 24 July 2026: the ministries led by Yolanda Díaz (Labour) and Carlos Cuerpo (Economy) agree to take the rule to the Cabinet in September, after several weeks of work addressing the Council of State’s objections. Europa Press reported it with sources from both departments. It is the latest chapter of a long-running tension between Labour and Economy.
- The agreement comes despite the CCOO and UGT ultimatum, which had set a 31 July deadline.
- It is being processed as a Royal Decree, not as a law: it does not go through Congress. That speeds things up once there is internal agreement within the Government.
- The CEOE employers’ association has filed an appeal before the administrative courts, arguing that a regulation cannot impose new obligations on companies and workers — the same hierarchy-of-norms argument raised in the Council of State’s opinion.
Once published, the usual pattern is entry into force after 20 days, unless the final text includes an adaptation period. Economy went as far as requesting a one-year grace period for SMEs, following the Verifactu precedent; known drafts have floated staggered deadlines by company size. None of this is firm until the BOE.
Could it slip to 2027?
It is a real scenario, not alarmism. The process has accumulated: an unfavourable Council of State opinion (23 March 2026), critical reports from Economy and the Civil Service ministry, the CEOE appeal, and now a postponement to September after three missed dates (before 21 June, before August, the July Cabinet meeting). If the political calendar gets complicated in the autumn, effective entry into force could slide into 2027 — as already happened with Verifactu.
What this does not change: time recording has been mandatory since 2019 and the Inspectorate already issues fines. Waiting for the BOE is a bad bet, and we explain why below with case law.
🔔 Timeline of the legislative process
Most recent first:
- 24 Jul 2026 — Labour and Economy agree to postpone approval to September.
- 21 Jul 2026 — Díaz says she is “very optimistic” and that the rule is “practically ready”.
- 13 Jul 2026 — Labour concedes to the Council of State to unblock the rule
- 3 Jul 2026 — Labour points to the July Cabinet meeting
- 1 Jul 2026 — CCOO and UGT set a 31 July deadline
- 19 Jun 2026 — Labour accepts Economy’s changes and unblocks the decree
- 16 Jun 2026 — Unions push for immediate approval
- 2 Jun 2026 — Pérez Rey: it will be approved before the summer
- 12 May 2026 — Díaz: final administrative steps
- 7 May 2026 — The Government locks it into its Regulatory Plan
- 6 May 2026 — Forecast: before 21 June
- 31 Mar 2026 — Economy requests a one-year deadline for SMEs
- 25 Mar 2026 — Díaz: it will go ahead despite the Council of State
- 23 Mar 2026 — Unfavourable Council of State opinion
- 28 Feb 2026 — Labour announces imminent approval of the regulation
What the law requires TODAY (and this is not up for debate)
Many companies have been waiting for the Royal Decree and let their guard down on what is already enforceable. Since 12 May 2019 (Royal Decree-Law 8/2019, which introduced art. 34.9):
- Every company with employees must keep a daily time record, with start and end times.
- It applies from 1 employee, in any sector, with any contract type (full-time, part-time, temporary) and also in remote work (art. 14 of Law 10/2021).
- Records must be kept for 4 years and made available to staff, to workers’ legal representatives and to the Inspectorate.
- Self-employed workers with no employees are exempt. With employees, the obligation is the same as for any company: if you are self-employed with staff, it applies to you.
Formally, paper and Excel are still valid today if they are reliable. In practice, case law has been narrowing that margin for years: some rulings have rejected paper records for relying on estimated times, and others have upheld fines for spreadsheets edited after the fact with no change trail. We have analysed real cases: from the ABaC restaurant ordered to pay overtime to the €15,250 fine for correcting records with correction fluid.
In short: the risk does not start when the BOE publishes, it already exists.
What exactly will change with the new Royal Decree
Based on known drafts and the text that went through the Council of State. The final version may differ.
1. Digital records only
Time records will have to be kept electronically:
- ❌ Signed paper sheets
- ❌ Spreadsheets (Excel, Google Sheets)
- ❌ Any non-traceable manual method
- ✅ Software with timestamping and traceability
2. Automatic, immutable and traceable records
- Automatic: no one has to transcribe the data afterwards.
- Tamper-proof timestamp: no change without leaving a trail.
- Individual identification of each worker.
- Clock-in, clock-out and breaks with exact times.
- Full change history: who modified what, when and why.
3. Remote access and interoperability with the Inspectorate
This is the deepest change. The Labour Inspectorate will be able to consult records remotely with no prior request and no on-site visit. In practice your system must:
- Be available online with centralised data.
- Allow immediate access, not “I’ll email it to you tomorrow”.
- Be interoperable: drafts point to a standardised protocol letting the Inspectorate query data automatically.
This is the point that rules out local systems, files on an office computer and, obviously, paper.
4. Four-year retention
The current period stays, but with more content: clock-ins and clock-outs, every modification, incident justifications and a full history per worker. A free plan that only stores 30 days of history does not cover this.
5. All work arrangements
On-site, remote, hybrid and mobile (sales reps, delivery drivers, field staff). The draft also reinforces the distinction between on-site and remote working time.
6. Documented overtime
Every overtime hour must be recorded, along with evidence of how it is compensated: pay or equivalent time off.
7. Contingency backup system
The draft requires companies to have a manual backup procedure for system outages or lack of connectivity, with subsequent upload to the digital system. It is not a return to paper: it is a documented plan B.
Fines: what applies today and what is expected
Current regime (LISOS)
| Type of infringement | Fine |
|---|---|
| Minor | €70 – €750 |
| Serious | €751 – €7,500 |
The amount rises with severity, repeat offences and the number of people affected. These fines already apply: there are companies fined for hiding overtime and dismissals ruled unfair over fictitious clock-ins. The full breakdown is in our guide to time-tracking penalties.
What the draft foresees
The substantive change is not the maximum amount, it is the unit of calculation: a penalty regime computed per affected worker has been on the table. With 20 employees, the difference between a per-company fine and a per-worker fine is an order of magnitude. Specific figures circulate in the industry (up to €10,000 per worker has been mentioned), but they will not be firm until publication in the BOE and we do not treat them as settled until then.
For perspective: compliance costs from €1.20 per user per month — less than the lowest minor fine spread over four years.
What do I do while the BOE waits?
Short answer: comply with art. 34.9 now, using a system that also meets what is coming. That way you do not migrate twice.
Step 1: audit your situation
- Do you keep time records today? Daily?
- Digital or manual?
- Does it have timestamping and change traceability?
- Does it distinguish on-site from remote?
- Could you hand over 4 years of history if asked tomorrow?
If you hesitate on any of these, take the 2-minute compliance test.
Step 2: pick a tool you will not have to replace in September
Look for time-tracking software that already delivers:
- ✅ Digital records with timestamping
- ✅ Traceability of every modification
- ✅ On-site / remote distinction
- ✅ Access for staff, workers’ representatives and the Inspectorate
- ✅ Four-year retention (not 30 days)
- ✅ Daily and monthly totals
- ✅ Report export in standard formats
- ✅ Offline operation, storing the real clock-in time
Step 3: roll it out
With tools like Cleverfy, setup takes under 10 minutes:
- Create the company account.
- Add your staff.
- Configure schedules and work centres.
- Your team clocks in from the app, the web, the Chrome extension, a tablet kiosk with a PIN, or even from the official Cleverfy app in ChatGPT.
If your case has sector specifics, we have dedicated guides for hospitality (split shifts, high turnover), construction (on-site clock-in, no coverage) and logistics (field staff).
Step 4: keep it alive
- Check that everyone clocks in, every week.
- Handle incidents and corrections leaving a trail.
- Generate monthly reports for payroll.
- Keep the data accessible at any time.
Conclusion
Time recording is already mandatory and already fined. The Royal Decree that will make it digital, tamper-proof and interoperable with the Inspectorate is postponed to September 2026 and could slip further, but its direction is not in doubt: automatic, traceable records that can be consulted remotely.
The practical reading for an SME is that there is nothing to gain by waiting. Migrating now takes 10 minutes and costs from €1.20 per user per month; migrating in September with the Inspectorate breathing down your neck costs the same, but in a rush and with no room to train the team.
If you are still deciding which system to implement, start with the employee presence control guide: system types, costs and common mistakes.
Start a free 14-day trial → · Book a 15-min demo →
Legal note: this article is informational and does not constitute legal advice. As of 27 July 2026 the Royal Decree on digital time recording has not been published in the BOE; its approval has been postponed to September 2026. Cleverfy complies with the regulation in force (art. 34.9 of the Workers’ Statute) and is designed to meet the expected requirements of the new Royal Decree. We update this page with every official development.
Frequently asked questions
When does mandatory digital time tracking take effect in Spain?
There is no date. As of 27 July 2026 the Royal Decree has not been published in the BOE, and the Labour and Economy ministries have postponed its approval to September 2026. Once published, it would normally take effect 20 days later, unless the text sets a specific adaptation period for SMEs.
Is digital clock-in mandatory today?
No. Time recording is mandatory today (art. 34.9 of the Workers' Statute, since 2019), but the law does not yet require it to be digital. It does require it to be reliable, daily, kept for 4 years and accessible to the Labour Inspectorate — and tamperable records are already being thrown out in court.
When do paper time records stop being valid?
When the new Royal Decree takes effect. Until then paper is formally valid if reliable, although the burden of proof works against you: if the record is editable or incomplete, courts tend to accept the employee's version.
Who is not required to clock in?
Self-employed workers with no employees and senior management staff (art. 2.1.a of the Workers' Statute) are excluded. Everyone else on an employment contract is covered, including part-time, temporary and remote staff. Working partners and directors on a standard employment relationship do clock in.
Does the employee have to sign the time record?
The law does not require the employee's signature, only that the record be reliable, objective and accessible. A monthly signature is a common evidentiary reinforcement, but it does not replace the daily record or make it valid on its own.
What fine can I get for not keeping time records?
Under current law (LISOS): €70 to €750 for a minor infringement and €751 to €7,500 for a serious one. The draft Royal Decree is expected to toughen the regime and calculate fines per affected worker.
Can I keep using Excel for time tracking?
Today yes, at evidentiary risk. Once the Royal Decree takes effect, no. There is case law rejecting spreadsheets edited without a change log.
Will I need a manual backup system?
According to the drafts, yes: an alternative procedure for contingencies (system outage, no connectivity) with subsequent upload to the digital system. It is not a primary method, it is a plan B. Software with offline clock-in that stores the real timestamp and syncs on reconnection handles most of those cases without paper.
Does the Royal Decree affect self-employed workers?
With no employees, no. With staff, yes: the obligation is identical to that of any company.
Is there an official certification for time-tracking software?
No. The technical specifications have not been published, so no vendor can be certified. What you can demand today is traceability, immutability, 4 years of history and export.
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Start 14-day free trial →The information in this article is provided for informational purposes and was verified on its publication or last update date; it may have changed and may contain errors. Third-party product data comes from public sources. Cleverfy does not guarantee its accuracy and accepts no responsibility for decisions made based on it. Always check official sources before acting.