Workday registration and upcoming reform: what SMEs must prepare before 2026

 

1. Current situation of workday registration

Since the entry into force of Royal Decree-Law 8/2019, all companies must daily register the working hours of their staff. The regulations require:

• Registering the start and end time of the workday.

• Keeping the records for 4 years.

• Ensuring access to workers, representatives, and Inspection.

• Allowing manual methods (paper, Excel), as long as they are “reliable”.

In practice, these systems have generated problems: lack of traceability, risk of manipulation, and incomplete records. Currently, only 26% of SMEs use specific software.

2. The upcoming reform: mandatory digital hourly control

The Ministry of Labor is preparing a reform that will come into force in early 2026. Its objective is to eliminate ambiguities and ensure an objective, secure, and unalterable system.

Main anticipated changes

• End of paper and Excel: only certified digital tools will be allowed.

• Unalterable records: any modification must identify the user, date, and time.

• More detail:

  • breaks and rest periods

  • reason for breaks

  • overtime hours and their compensation

• Remote access for Inspection: real-time consultation without displacements.

• Worker's right to consult their daily record.

The reform aims to strengthen control of overtime hours and ensure transparency.

3. How to prepare your SME: essential steps

Adaptation will be mandatory. These are the priority actions:

Implement a time control software

It must ensure digitization, traceability, unalterability, and accessibility for Inspection.

Define breaks and rest periods

It is advisable to establish clear rules, as they must be recorded and detailed.

Train the staff

Workers must know the tool and their obligation to clock in correctly.

Review agreements on overtime hours

The new system will make any excess working hours visible, so it is necessary to regulate their compensation.

4. Penalties for non-compliance

Current regulations already provide for fines of up to 10, 000 euros per violation, which can be applied per affected worker in the most serious cases.

The digitization of the time record will be a mandatory legal requirement from 2026. Anticipating this will allow SMEs to improve labor management, strengthen transparency, and avoid costly penalties.
Modernizing time control is not just a legal requirement: it is an opportunity to optimize processes and strengthen internal trust.
If you want to prepare with legal certainty, we can help you.