General

The registration of working time and the protection of data

The past 8 of march, was published in the BOE the Royal Decree-law 8/2019, of urgent measures of social protection and the fight against precarious labour in the working day. Within the measures adopted, it has amended the Law on the Status of the Workers, which adds a new paragraph, which states:

the The company will ensure the daily record of day, which should include the specific time of start and end of the working day for each working person, without prejudice of the flexibility time zone set forth in this article.

The company shall retain the records referred to in this precept for four years and shall remain at the disposal of the working people, their legal representatives and of the Labour Inspection and Social Security.

In order to implement the register of those businesses that don’t have it yet, the time to choose the tool that make possible such a record is very important that the company is aware that, if the system chosen represents the geolocation of the employees or the treatment of biometric data, or other that require a high degree of protection, it will be necessary to conduct a risk analysis prior and evaluate whether it is necessary to perform an impact assessment.

is Each company must assess which tool is the one that best fits your circumstances.

To organize and document the registration hours will be required for collective bargaining or, in its absence, in consultation with the legal representatives of the workers, and that is, taking into account that the log emerges as a measure of worker protection would not make sense that to become in a measure by audit of the same, or that would put at risk the protection of your personal data more sensitive.

The entrepreneur must choose the system less invasive, therefore, it is important to evaluate the risks and benefits of the measures to be adopted.

Depending on the type of company that we have in front, the record of the workday will take place one way and another since that has nothing to do track day in a company where all the staff is face-to-face, with a fixed schedule, which you can record your day with a magnetic card, to have to carry it out in another in which the staff works remotely with flexible hours. Each company must assess which tool is the one that best fits your circumstances.

the employee portal

Profile Adviser has incorporated into its portfolio of digital solutions to the “employee portal”. A complete tool and advanced in the management of human resources. Usa

Why use our employee portal for your company?

your company?

As an entrepreneur, this tool provides you with benefits that you will provide a considerable saving of resources and time, to the time you meet the new data protection legislation and make progress in the digitization of your company.

Only features of our tool:
the

    the

  • schedule Control
  • the

  • bulk Upload of documentation
  • the

  • Integration with access devices and presence control
  • the

  • Control of holidays
  • the

  • free App of mobile employees

the Comply with the European Regulations on data protection,

This new treatment of data should be included in the Record of the treatment Activities of the company. In addition, it is important that the worker is aware of such a treatment, so that you are to be notified indicating that the processing is necessary for compliance of a legal obligation applicable to the company.

In the blog Eurodato https://eurodato.com/blog/ you can find interesting complementary items that can help when implementing the Organic Law of protection of data in companies of different sectors.

To finish, remember that the past may 12, came into force this new article (the deadline for all enterprises to have their corresponding record of working time) failure to comply with this new measure shall be deemed serious violation and businesses can be sanctioned.

 

 

Autor Cristóbal Rueda Maldonado

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