Published the new technical criterion 101/2019

Published the new technical criterion 101/2019

Published the new technical criterion 101/2019

Published the new technical criterion 101/2019 on the performance of the labor and social security inspection regarding registration of the day.

 

As of June 7, 2019, Technical Criterion No. 101/2019 dictated by the (ITSS) Labor Inspection and Social Security, which aims to inform the criteria adopted by the Labor Inspection in its inspector actions in relation to those companies that do not comply with the obligation to guarantee a registration of the day to its workers as of May 12, 2019. The Technical Criteria refers to full-time work contracts, notwithstanding what it may indicate specifically for part-time work.

Registration of the day is an obligation

The employer has the obligation to carry out a registration of the day. Likewise, the Technical Criterion recalls the link between the need to guarantee the workers' due breaks and their health protection.

What should be registered?

The work day (not the effective day) on a daily basis.

What is not necessary to register?

Interruptions or breaks that do not have the character of effective working time.

How and where do records have to be kept?

The criterion considers any preservation valid: paper, electronic ... and it is not necessary to keep all of them (sum).

How and where do workers have to register?

It must be accessible, that is, the registry must be physically located in the workplace and available to workers and ITSS when required. For workers there is no obligation to deliver a copy, but for the ITSS if requested.

Emphasize that the system through which registration is made must be previously negotiated and must:
 
    - guarantee reliability and truthfulness be an objective system
    - guarantee the possible alteration of the data afterwards
    - respect the regulations on data protection.