Much has been written about the hourly control of employees during the last months. At the beginning, the Court ruled that companies had an obligation to record the hours worked by each employee. However, subsequently, a second instance sentence has considered, finally, that the employer is not obliged to perform this function. But attention: things are not like this for mobility companies.
Does your mobility company have to control the working time of the employees?
Indeed, the Supreme Court (TS)’s sentence has made it clear that employers do not have to be forced to keep a time registration system of all their employees.
However, this ruling has also made it clear that, in some special cases, the company must continue to record the hours that the worker devotes to perform their duties.
Among these assumptions are employees who develop their work in the field of business mobility. This is the case, for example, of road transport workers.
As ruled by the judge of the TS, mobile employees enter the assumption along with employees who works overtime, workers contracted in partial time regime, Merchant Shipping workers and railway staff.
Under the Spanish Royal Decree 1561/1995 on special work sessions, “in the case of employees who work outside the company’s facilities, the hearing concludes that this is a major reason to verify the actual schedule.”
On the basis of the provisions of the regulations and the ruling of the Supreme Court, it is clear that companies dedicated to business mobility, with remote workers who perform their duties outside the workplace, have the right to know their time records, which must be attached to their payroll.
If such order is not complain, the Labor Inspectorate may impose the penalties provided for in the Law on Administrative infringements and Penalties of Social Measures (LISO).
Given these conditions, what would you think about having good Time Control software?