The obligation to have a time record fulfills one year with a labor reality radically altered by Covid-19, which has led millions of people in Spain to telework in an improvised way, a situation that, experts agree, will drag on and urge regular.
Registration, mandatory since May 12, 2019, has already been implemented in much of the Spanish business fabric, although doubts, open negotiation processes and some difficulties persist, according to the different sources consulted.
“The controversy of its beginnings has resulted in a majority acceptance by companies and workers,” says Efe the president of the National Association of Labor (Asnala), Ana Gómez, who makes a positive assessment of the measure.
The objective defended by the Government for this measure was to limit unpaid or fraudulent overtime that covers full hours, but also to control absenteeism.
In Spain, more than 887,500 workers perform a total of 6.7 million overtime hours per week, of which more than 3.1 million (performed by more than 289,000 employees) are neither paid nor quoted, according to the latest data from the Active Population Survey (EPA) related to the first quarter of the year.
However, while in the last year the number of workers who work overtime has increased (20% more), that of those who do not receive anything or contribute for it has decreased (10% less).
By activities, the education sector is the one that brings together the largest number of workers (a total of 47,800) who work overtime for free (410,300 hours per week), followed by commerce (39,800 workers who do 457,300 overtime for free).
But its first anniversary has coincided with a labor reality totally altered by the COVID-19 pandemic that has spread teleworking in a country where this option was hardly chosen.
From the business sector they indicated from the beginning their refusal to implement such a measure by law, and not in the framework of collective bargaining, and of the difficulties for many sectors, as well as for smaller companies.
Thus, the president of the CEOE, Antonio Garamendi, pointed out, days after its entry into force, of the difficulties to implement it, especially based on variables such as “flexibility, family reconciliation or teleworking”.
But the reality has forced to change points of view and to remove obstacles, as the leader of the UGT, Pepe Álvarez, points out in an interview with Efe, in which he highlights that “the hour record now fits better than ever, if anything it makes sense is its implementation. ”
“It is showing the importance that it had, when we defended it, we were accused of being nineteenth-century because we wanted to go little unless we had to sign with the card,” agrees CCOO leader Unai Sordo.
They also coincide in pointing out how easy it is to make this registration digitally and in the urgency of making a good regulation of telework in the face of the risk, among others, that working time “ends up colonizing” all people’s lives.
In this sense, the president of the union of Labor and Social Security Inspectors, Ana Ercoreca, remembers that in remote work only the place changes, but all rights remain intact: rest between days, weekly or the right to digital disconnection.
He acknowledges that with the telework the Inspection finds the obstacle of the inviolability of the home, but remembers that the workers themselves can denounce the lengthening of the working day and claim their right to digital disconnection, something simple to verify.
Looking to the future, “the right to digital disconnection has become especially relevant with a schedule that is respected as if you were in the office,” the professor of Labor and Social Security Law at the University of Valencia underlines. Daniel Toscani, who notes that many hours are still being done “in b”.
“We are going to ask for legislation on teleworking, a general rule that must later be covered by agreements in collective agreements so that companies bear the costs inherent to that situation, that we have clearly located time control or disconnection digital and that allows entrepreneurs to pay even part of the cost of the property if they are not going to need an office, “Pepe Álvarez told Efe.