Riding the Time-Tracking Wave: Spain’s NewLaws and How CrewBrain Helps

Hola España! If you run a business (or band, or events crew) in Spain, you’ve probably noticed a wave of new regulations about recording working hours. In plain terms: every company in Spain now must track employees’ daily working time. This isn’t just a passing fad – it’s the law, and it’s getting stricter. But don’t worry, we’re not here to lecture. Instead, let’s chat about what’s happening, crack a joke or two, and see how a tool like CrewBrain can help you surf this wave without wiping out.

Europe’s Push for Fair Work Hours (The Background)

A few years back, the European Court of Justice dropped a bombshell: it ruled in May 2019 that all EU member states must require companies to record employees’ daily working hours. Why? To protect work-life balance and make sure people aren’t being overworked off the books. Spain took this ruling to heart and became one of the first countries to enforce it nationwide. In fact, as of 12 May 2019, Spanish law (Royal Decree-Law 8/2019) obliges all companies, regardless of size or industry, to keep a daily record of each worker’s hours. Yes, all companies – from the tiniest indie record label to the biggest corporate giant.

This was a revolutionary change. Before 2019, many Spanish businesses only tracked overtime or not at all . Now, every start time, end time, and break must be logged each day. The goal is to ensure no one secretly exceeds the maximum working hours (typically 40 hours/week or 9 hours/day in Spain) and that any overtime is properly paid . It’s about protecting employees from burnout and exploitation – and giving them more leisure and family time (something Spain, with its famous siestas, has always valued).

What Does Spain’s Time-Recording Law Actually Require?

Let’s break down the nuts and bolts of the Spanish working time record rules so far:

• Daily clock-ins and clock-outs: Employers must track when each employee’s workday starts and ends, every single day. That includes recording the lunch break around midday. (Yes, even the lunch break needs to be noted – no more “I skipped lunch” fibs when you actually took a café con leche break!)
• All employees means all: The rule applies to all non-executive employees in Spain – full-time, part-time, remote workers, everyone. The only ones off the hook are top-level executives/senior management with special independent work relationships. For the rest of us mere mortals, if you’re on the payroll, your hours need recording.
• Flexible and remote work count too: Even if your team has flex-time schedules or works from home, the hours still must be tracked. Companies can agree on a longer reference period (say monthly or yearly) to calculate overtime for flexible schedules , but they cannot skip the daily tracking.
• No specific system required: Interestingly, the law doesn’t dictate how you track hours. Pen and paper? An Excel sheet? A fancy app? All are okay, as long as the result is reliable. Paper or electronic formats are both allowed. That said, whatever system you use should be agreed upon with your workers’ legal representatives (if your company has a workers’ council or union reps). In practice, this means if you’re introducing a new time-tracking method, have a chat with the team or their reps so everyone’s on board.
• Data retention and access: Completed time records must be stored for at least 4 years . And these records need to be available at the workplace in case an employee, a union rep, or a Labour Inspector comes knocking. In fact, employees can request to see their own hours record, and inspectors or worker reps can ask to review the logs (worker reps can see the records of the staff they represent). Privacy is maintained – you as an employer don’t have to hand every employee all their colleagues’ hours, just their own. (So no office gossip about who left early on Friday – unless they tell you themselves!)
• Overtime and rest compliance: The daily records are not just for show; they can reveal if someone’s regularly going beyond the legal max hours or not taking proper rest. If an inspector finds your records show, say, an employee working 10 days straight with no day off, you might face questions about violating rest rules. Also, recording hours helps verify any overtime: there’s a separate requirement to log overtime hours beyond the normal schedule . Even if your daily record doesn’t explicitly label something “overtime”, you still need to compensate extra hours properly. (Fun fact: If you fail to record hours and an employee claims unpaid overtime in court, the burden of proof is on you, the employer – and without records, you’ll likely lose and pay up.)
• Personal data and privacy: Time logs are considered personal data about employees’ work habits, so handle them with care. Spanish law advises that employees be informed that the time-tracking system is in use and that it could be used for disciplinary actions if someone is, say, always late or sneaking off early. In other words, be transparent: “Yes, we’re recording your hours – please clock in/out correctly, and if you consistently don’t, there could be consequences.” Also, ensure these records are kept secure and confidential, in line with data protection rules.
• Digital disconnection: A related Spanish law (Article 88 of Law 3/2018) requires companies to have a “right to disconnect” policy, meaning employees should not be obligated to engage in work communications outside their regular working hours. Time-tracking ties into this – it defines when someone is off the clock. So if Juan’s record says he clocked out at 6:00pm, you shouldn’t expect Juan to answer work emails at 10:00pm.

And what happens if you don’t do all this? Initially, non-compliance was categorized as a “serious” labor infraction. The fines ranged from €626 up to €6,250 for not having proper time records. That’s enough to sting, especially for a small business. But as we’ll see next, the stakes have recently gotten even higher.

New Developments: Digital Timesheets and Stiffer Penalties in 2025

Just when you thought it was safe to go back in the water, Spain made another splash. In early 2025, the government introduced additional rules to reinforce time tracking compliance. The headline changes were: a shorter standard work week and a new digital document requirement for working hours.

In a landmark agreement with unions, Spain is reducing the full-time work week from 40 hours to 37.5 hours (yes, a modest trim, but unions celebrated it). To go hand-in-hand with this, every company will now have to provide each employee with a detailed breakdown of their hours worked each pay period. Essentially, you need to attach a digital time sheet to their payslip. This time sheet must list the total hours worked, categorize them into ordinary vs. overtime, and note any reductions or leave that affected their hours. The idea is full transparency: your staff can see exactly how their work hours tally up, and it’s harder for any “mistakes” or unpaid overtime to slip through unnoticed.

Figure: Example of a time sheet generated by CrewBrain, showing an employee’s daily working hours, breaks, and totals. Spanish law now requires giving employees a detailed record of their hours (ordinary and overtime) with their payslip. Tools like CrewBrain help automate this by compiling all the data into a clear format that can be shared with both employees and labor inspectors.

Because these records are digital and standardized, authorities can also request them at any time to ensure compliance . No more hiding a sloppy notebook in a drawer when the inspector arrives – everything should be readily available, ideally stored in an accessible digital system.

And about those penalties: the new reform proposes a tougher penalty regime, potentially fining companies per employee affected by improper time tracking. Under the draft law, failing to record hours or exceeding the 37.5-hour limit could be classified as:

• Minor offense: €1,000–€2,000 fine (per worker)
• Serious offense: €2,001–€5,000 fine (per worker)
• Very serious: €5,001–€10,000 fine (per worker) 

Imagine you have 10 employees and you totally flunk the record-keeping – if each case is considered a “serious” offense, that could theoretically be up to €5k × 10 = €50,000 fine 😱. Larger firms could see six-figure fines if they mess up for many workers. Compare this to the old flat max of €6,250 (or even €187k in extreme cases for nationwide neglect ) – the per-employee approach really ups the ante. The message is clear: Spain means business about you tracking… well, your business’s business.

(Now, keep in mind this new scheme is part of a broader labor reform package. The details might evolve as it’s implemented, but it’s wise to prepare for these changes now.)

How CrewBrain Helps You Stay Compliant (Without Being a Buzzkill)

Alright, enough with the doom and gloom of laws and fines. Let’s talk solutions. How can you follow these rules without turning into a full-time bureaucrat or terrorizing your creative team with micromanagement? This is where digital tools shine – and yes, we’ll use our own CrewBrain as an example, because it was literally designed to make life easier in managing crews and their work hours.

CrewBrain was built with flexibility in mind. It’s a web-based platform with a companion mobile app, so your team can clock in and out however it suits them:

• Any device, anywhere: Employees can record their working hours via the CrewBrain smartphone app, a desktop computer, or the web app in a browser . In the office, at home, on the road at a festival – as long as they have a phone or laptop, they can log their time. We even have a special tablet-optimized interface that you can set up as a simple clock-in kiosk on your premises. That means you could mount a tablet by the backstage door or in the warehouse as a modern “time clock” for folks to tap in and out.

Figure: A tablet used as a time clock with CrewBrain’s interface. Employers in Spain can use such digital methods instead of old-school punch cards or paper sheets – it’s convenient and compliant with the new regulations. CrewBrain’s web app includes a special display mode for tablets, turning an iPad or similar device into a clock-in station on-site.

• Fast, foolproof clock-ins (with breaks): The CrewBrain app features an automatic time clock that makes punching in, taking a break, and punching out a one-tap affair . Workers don’t need to fill any complicated forms – just hit “In” when starting, “Pause” for lunch or other breaks, and “Out” when done. This ensures you capture the required start, end, and break times for each day without hassle. (And because we know life isn’t perfect, CrewBrain lets you configure automatic break deductions too: for example, if someone forgets to clock their lunch, the system can auto-deduct a preset break length at the end of the day. No more missing lunch break records – the law requires actual working hours, excluding breaks , so this helps keep things accurate.)
• Real-time tracking and transparency: As an admin or manager, you can see who’s currently clocked in and who’s on break or off-duty, in real time. CrewBrain runs these timers in the background and logs everything for you. Your employees can also view their own hours and even their flexitime balance anytime via their profile. This aligns nicely with the law’s aim for transparency – workers have access to their own records on CrewBrain (no need to formally request a printout when they can just check online, though you’ll still have official exports for the authorities).
• Secure records and easy exports: All those time entries funnel into clear, detailed timesheets inside CrewBrain. You can review hours by day, week, or month, broken down by project or activity if needed. Critically, you can export all logs in various formats – PDF, Excel, CSV, you name it . CrewBrain even provides nice PDF summaries of working hours for each employee (including total hours, overtime, etc.) . Need to comply with that new “attach hours to payslip” rule? Just generate the monthly PDF and send it along with your payroll – it will neatly show the ordinary hours vs. overtime and any leave taken, just as required. Also, if a Labour Inspector shows up asking for the last year’s records, you can pull them up in seconds or print them out. No frantic spreadsheet digging or coffee-stained notebooks necessary! Having 4+ years of archives is no problem when it’s all stored digitally and backed up (just remember to keep the data accessible even if you change systems – e.g., download backups of PDFs for older years if needed).
• Overtime, flexitime and more: Spanish law doesn’t outlaw overtime; it just wants it controlled and paid. CrewBrain helps here by tracking not only hours worked but also calculating overtime and managing flexitime accounts. For instance, if your crew have a deal to get extra time off (or extra pay) for overtime hours, CrewBrain can tally those hours. It even has features to cap overtime or carry it forward according to your policy. This means your records can show precisely which hours were normal and which were overtime – making it easier to comply with the requirement to distinguish “nature of each hour (ordinary or extraordinary)” in the new Spanish digital timesheet. And if someone uses a “día libre” to offset long weeks, the system reflects that too.
• Approval workflow for accuracy: Worried that someone might edit their timesheet to leave at 3pm but claim they left at 5pm? CrewBrain has your back. There’s an optional approval process for any manual time entries or changes. You (or a supervisor) get notified if an employee adds or edits a work log, and you can approve or reject it. This keeps the records honest. If an employee uses the live time clock to punch in/out, those entries are assumed accurate (they’re timestamped in real time) and are auto-approved. But if next week someone tries to adjust last Tuesday’s hours, you’ll see it and can require a justification or proof. This kind of audit trail makes your time records more credible – useful if you ever need to show them to an inspector or in court to prove you’ve been compliant and that the data hasn’t been tampered with.
• No Big Brother surveillance (unless you opt in): One concern with digital tracking is privacy. We’ve already noted that time data is personal data protected by law . CrewBrain respects that – by default, it does not record any GPS location or IP address when someone clocks in. It assumes trust: if María clocks in at 9:00, we take her word (and her timestamp) for it. However, for those who want an extra layer of verification, CrewBrain offers an optional GPS logging feature. If enabled, when an employee clocks in or out, the system will ping their device for a location and record coordinates alongside the time. This can reassure you that folks are where they’re supposed to be (no clocking in from a beach in Ibiza unless the job site is a beach in Ibiza!). Important: This feature is optional and should be used transparently – if you enable GPS tracking, you should inform your employees and probably get their acknowledgement, since Spanish courts and data regulators are wary of anything too intrusive (for instance, biometric clock-ins like fingerprint scanners have been rejected by Spanish case law as a standard method – considered too invasive for normal use). GPS tracking can be a useful tool, but culturally and legally it’s best applied with employee consent and only if truly needed. In any case, the option is there in CrewBrain, and many employers find they don’t even need it once trust and routine are established.

In short, CrewBrain acts like your friendly digital HR assistant: it automates the boring stuff and helps you comply with the law without turning your workplace into a bureaucratic nightmare. It’s not about policing employees – it’s about making record-keeping so easy that compliance happens naturally as a byproduct of people simply clocking in and out.

Pitfalls and Tips: Making the Most of Digital Time Tracking in Spain

Even with a great system, there are a few human factors and regulatory quirks to keep in mind. Based on both the law and our experience, here are some tips:

• Get employee buy-in: Time tracking can feel like a nuisance at first. Make sure to communicate with your teamabout why you’re doing it and how it benefits everyone (accurate pay, no burnout, compliance with law so the company doesn’t get fined into oblivion). If you have a workers’ representative or union, formally agree on the system with them. Spain’s law expects you to negotiate the implementation with worker reps if they exist, so involve them early. They’ll appreciate being consulted, and you might get useful feedback (like, maybe a mobile app works better for your crew than a fixed terminal – you won’t know if you don’t ask). When employees understand that a tool like CrewBrain makes their lives easier too (no more paper timesheets or disputes about missing hours), they’re more likely to embrace it.
• Train and remind: The best system is only as good as its users. Take a little time to show everyone how to use CrewBrain’s clock-in (honestly, it’s pretty intuitive, but a quick demo can’t hurt). Encourage good habits, like clocking in right when they start work, not an hour later, and clocking out as soon as they finish. You can even enable notifications or email reminders if someone forgets to clock out. Creating a routine is key – after a few weeks, it becomes second nature, like swiping an access card at the door. If someone consistently forgets, have a friendly chat. It’s usually not ill-intentioned, but it’s important to get accurate records. Remember, if it’s not recorded, it’s like it didn’t happen – and that could hurt both the employee (no proof of their overtime) and you (non-compliance). So foster a culture that values proper time logging (maybe frame it as “getting credit for all the work you do!”).
• Monitor and audit periodically: Don’t “set it and forget it.” Even with auto-recording, glance over the reports every now and then. Is anyone clocking crazy hours that might violate the law’s limits (over 48 hours a week on average, or not taking a minimum 12-hour rest between shifts, etc.)? CrewBrain can’t know your local labor agreement or if someone’s violating rest rules unless you look at the data. Use those reports to spot issues. If Juan consistently clocks 12-hour days, you might need to intervene (or at least make sure he’s properly compensated and takes recovery time). The law’s about preventing abuse, so keep an eye out and use the data proactively.
• Retain and backup records: Spanish law says 4 years retention at least, but we recommend keeping time records even longer if possible, just for historical reference. CrewBrain will hold your data as long as you have an account. If you ever decide to switch systems or end your subscription, export all your data beforehand. Those Excel/PDF exports will be your lifesaver to remain compliant post-transition. It’s good practice to maybe do an annual export and securely archive it, just in case. Also, keep records accessible at the workplace – that could mean having a laptop or tablet on site where records can be shown. With a cloud system, “at the workplace” can be wherever you can log in to CrewBrain, so that’s convenient. Just don’t lock the data away where no one can see it; inspectors won’t accept “the data is with our IT guy who’s on vacation.”
• Stay updated on legal changes: As we saw with the 2025 update, labor laws evolve. Spain might issue further clarifications – for example, specifying exactly how that digital timesheet should look, or adjusting thresholds. We at CrewBrain keep an eye on these changes, and we update our features or templates if needed. But it’s good for you as an employer to stay informed too. Maybe subscribe to an HR news feed or our blog 😉. That way you won’t be caught off guard by the next reform.
• Respect privacy and disconnect time: This is worth reiterating – don’t misuse the time-tracking data. It’s there to help with compliance and fair pay, not to play Big Brother. If someone clocks out at 6pm, respect that right to disconnect. Avoid the temptation to call them later about work (unless it’s truly urgent and part of an on-call arrangement). Also, if you enable location tagging or other monitoring, use it sparingly and with consent. Spain’s culture values trust and privacy; a tool should enhance trust (e.g., “look, we have accurate proof you did those extra hours, we owe you overtime!”) not erode it. Luckily, digital systems like CrewBrain can actually build trust by providing clear evidence of hours so nobody feels cheated.
• Biometric systems caution: We mentioned it earlier, but a pitfall some companies fell into was trying out fingerprint or facial recognition clock-in systems. Be aware that Spanish case law has pushed back against biometric clock-ins as a standard practice, due to privacy concerns. Unless you have a very good reason and consent, it’s better to use non-biometric methods (card, PIN, app login). CrewBrain doesn’t use biometrics – a simple login and button press does the job. This keeps things straightforward and avoids legal grey areas.

By keeping these points in mind, you can avoid turning a compliance project into a headache. Think of it this way: time tracking is like flossing – a minor daily hassle that prevents major pain down the road. And with a slick app to do it, it’s not even much of a hassle.

Time to Wrap Up (Clocking Out)

Spain’s regulatory wave on working time might sound intimidating at first – we get it, nobody starts a business or joins a band for the joy of filling out time sheets. But these laws are here to ensure fair play and healthy work conditions. With a little humor and the right tools, complying doesn’t have to be a drag. In fact, implementing a good time-tracking system can bring positive side effects: clearer communication, more organized projects, and yes, fewer surprises when payday or labor inspections come around.

CrewBrain is one option that can smooth the journey towards compliance. It won’t write your company’s time-tracking policy for you, but it will give you the means to enforce that policy consistently and painlessly. And it’ll do so without making you feel like a soulless micromanager – we built it to be helpful, not overly controlling.

So as the regulatory wave continues – with Spain leading the charge and other countries likely following – it’s wise to equip your “surfboard.” Instead of resisting the tide of time-tracking requirements, ride it! You might even find that once everything is set up, you wonder how you managed before. No more guessing if someone worked 8 or 9 hours – you’ll know. No more disputes over overtime – it’s logged. No more anxiety about surprise inspections – you’re prepared.

In closing, remember that compliance is a journey, not a one-time task. Stay informed, stay organized, and don’t be afraid to lean on technology to shoulder the burden. That way, you can focus on what you do best (putting on amazing events, running your business, making music – whatever your core mission is) while the boring record-keeping stuff runs on autopilot in the background.

Spain is setting the example by saying “Horas trabajadas – o lo anotáis, o pagáis” (“Hours worked – either you log them, or you pay up”). With CrewBrain in your toolkit, you can log them with a smile (and avoid those nasty fines). Consider it one small step for your company, one giant leap for compliance-kind.

Ahora, a fichar (now, go clock in) – and then take that well-deserved cerveza at the end of the day, knowing you’ve got your time-tracking under control. Salud! 🍻

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