Yes. In 2026, time tracking will not only remain mandatory in Spain, but it will also enter a more stringent phase. The requirement was established by Royal Decree-Law 8/2019, but inspection practices and new technical criteria have tightened its enforcement to adapt it to remote work, mobility, and digital systems.
The key is no longer simply keeping records, but being able to demonstrate that the records are accurate, reliable, and verifiable. Many companies formally complied with the regulation but were unable to prove it to the Labor Inspectorate. It is precisely this gap that the new regulations aim to address.
What is the name of the new law on working hours, and what does it stipulate?
There is no “2026 Work Hours Control Act” as such. Work hours continue to be regulated by the Article 34.9 of the Workers' Statute, developed by the Royal Decree-Law 8/2019.
What has changed is the implementing regulations: the registry is now required to be digital, traceable, and accessible.
The regulations establish three basic principles:
- Record the start and end of the workday every day
- Retain the data for 4 years
- Allow immediate access to workers, representatives, and inspectors
To better understand the change, the real difference is as follows:
| Key aspect | Current Law (2019–2025) | New Application 2026 |
|---|---|---|
| Record Type | Any valid system | Preference for verifiable digital systems |
| Telework | Vague | Remote registration is also required |
| Manipulation | Difficult to prove | Data traceability must be ensured |
| Inspection Access | Based on technical requirements | Quick and exportable access |
| Overtime Tracking | Formal | Effective and demonstrable control |
| Objective | Log Work Hours | Verify Actual Work Hours |
When does it take effect?
This requirement has been in effect since May 2019.
What will happen in 2026 is strict enforcement: the Inspectorate will no longer accept records that are merely for reference purposes. The system must prove that the employee actually clocked in at that time.
Who is affected by the new time-tracking law?
The general rule is simple: If an employment relationship exists, there is an obligation to register.
To all employees, whether they work in person, remotely, or on the road.
Key Obligations of Companies
Companies must ensure that the recorded work hours are accurate and verifiable. The main ones obligations are:
- Implement a reliable and secure digital record-keeping system.
- Record each employee's start and end times.
- Retain the records for 4 years.
- Allow access to workers and the Labor Inspectorate.
- Record breaks that affect the calculation of working hours.
- Track and record all overtime hours.
- Prevent any untraceable modifications to the records.
- Apply time tracking to remote work and commuting as well.
Workers' Rights and Responsibilities
Workers have rights and obligations that supplement the time log:
Rights:
- Access your time log at any time.
- Find out how much overtime has been worked and how it is compensated.
- Enjoy being offline outside of work hours.
- Not to face retaliation for properly recording attendance.
Homework:
- Clock in and out in person at the beginning and end of the workday.
- Do not use other employees' credentials to clock in.
- Please report any errors in your registration immediately.
- Comply with the stated and agreed-upon rest periods.
Permitted digital time-recording systems
Permitted systems must ensure the unambiguous identification of the worker and the traceability of the record. Notable among them are:
- Corporate mobile or web apps for time tracking.
- Physical terminals with personal authentication.
- Biometric systems provided in compliance with data protection regulations.
- Company devices that record the start and end of the workday in a verifiable manner.
Digital time-recording systems are not permitted
They do not document the actual hours worked, and therefore, are invalid:
- Shift or scheduling charts.
- Editable Excel spreadsheets without any controls.
- Signatures on paper that were added later.
- Group signings without individual identification.
How can AI be used in the new law regulating employee working hours?
AI can analyze work schedules, detect excessive overtime, flag potential violations, and generate reports for the company and labor inspectors. It does not replace the obligation to clock in, but It helps prevent non-compliance and optimize schedule management.
How can you avoid penalties under the current Royal Decree and in light of the upcoming changes to time-tracking regulations?
Penalties Are Avoided by implementing reliable systems, recording the entire actual workday, storing the data, and allowing access to both the employee and the inspector. The staff training Using the system correctly is also key to avoiding violations.
Who is not required to keep track of working hours?
Some exceptions include:
- Senior management.
- Self-employed individuals or independent professionals who are not in an employment relationship.
- Certain positions with full organizational autonomy as provided for in the collective bargaining agreement.
All other employees must comply with the requirement to clock in.
