Clifford Chance

The Spanish Supreme Court determines that keeping a record of working hours is not enforceable by law

12 April 2017

The Plenary Sitting of the Labour Division of the Spanish Supreme Court has recently issued a judgment which ends the discussion as to whether or not employers must obligatorily keep a record of the daily working hours of their workforce. Specifically, the Supreme Court has reviewed and annulled a judgment by the Spanish National Court which had confirmed such obligation, concluding on the contrary that Article 35.5. of the Workers' Statute does not

establish any obligation whatsoever to keep a record of employees' daily working hours, but instead only to record overtime worked.

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