Workday Time Tracking in 2026: What Changes and What Doesn't

Time tracking (control horario) is not a passing fad, but a consolidated legal obligation that, far from relaxing, is preparing for a future with greater demands and more meticulous scrutiny. For you, as an owner or manager of an SME, understanding the landscape of workday time tracking (registro de jornada laboral) in 2026 is crucial. It not only allows you to comply with regulations and avoid sanctions, but it also offers you a valuable management tool to optimize productivity and ensure fairness in your team. As we approach 2026, legislation is consolidating, and trends point towards greater digitalization and stricter vigilance by the Spanish Labour Inspectorate (Inspección de Trabajo y Seguridad Social - ITSS). Prepare to navigate this regulatory environment with the most precise and up-to-date information. This article will guide you through what you already know, what is coming, and what will undoubtedly remain unalterable in the management of your employees' time.

The Fundamental Pillar: Real Decreto-ley 8/2019 and Article 34.9 of the Estatuto de los Trabajadores

The obligation of workday time tracking is not new, but a palpable reality since May 12, 2019. Its origin lies in the need to guarantee compliance with working hour limits, the correct remuneration of overtime, and the protection of occupational health. This requirement materialized with the entry into force of Real Decreto-ley 8/2019, de 8 de marzo, which modified article 34.9 of the Estatuto de los Trabajadores (Spanish Workers' Statute - ET).

Article 34.9 of the ET establishes that "the company shall guarantee the daily registration of the workday, which must include the specific start and end times of each worker's workday, without prejudice to the hourly flexibility established in this article." From this sentence, fundamental requirements emerge:

Daily Registration: Obligation to register each employee's workday every day.
Specific Start and End Times: Accurately record the entry and exit times, including breaks that do not count as effective working time.
Independence from Flexible Hours: The obligation to register the start and end persists, even if your company offers flexible hours.
Record Retention: You must keep these records for a minimum period of four years.
Availability for Workers and Representatives: Records must be accessible and legible for employees, their legal representatives, and the ITSS.

For your SME, this means having a reliable system that allows your employees to register their workday and for you to store and consult that data easily. This legal framework provides legal certainty and prevents conflicts over working hours or remuneration.

The Reality of 2026: What Trends and Novelties Are Expected?

The labor and regulatory environment evolves. For 2026, several trends and possible changes could directly influence how you manage time tracking in your SME.

The Proposed Reduction of Working Hours to 37.5 Hours Per Week

One of the most relevant initiatives is the proposal to reduce the maximum weekly working hours to 37.5 hours. Currently, the ET establishes 40 hours per week on an annual average. This proposal was rejected by the Congress of Deputies on September 10, 2025, by means of an amendment in its entirety and, as of June 2026, is not in parliamentary processing. As of today, the maximum legal working day remains 40 hours per week on an annual average (art. 34.1 ET).

How would this affect workday time tracking if it were reactivated and approved in the future?

In that hypothetical scenario:

System Adjustment: Your time tracking software must adapt to the new limit for calculating ordinary and extraordinary hours.
Increased Scrutiny of Overtime: A shorter workday will intensify the need for accurate registration and careful management of overtime, which must be voluntary, compensated, and limited. The ITSS would place an even greater focus.
Communication with Employees: You must clearly inform about the new workday and its impact on registration.
Impact on Planning: It could require a review of shift and task planning.

The reduction of working hours, although it seeks to improve work-life balance, for SMEs represents an adaptation challenge that requires anticipation and a good management tool.

Increase and Sophistication of Spanish Labour Inspectorate Inspections

The Spanish Labour Inspectorate (ITSS) strengthens its control capabilities, and this trend will intensify in 2026. Digitalization is key.

Automated Data Cross-referencing: The ITSS uses tools that cross-reference information from Social Security, the Tax Agency, and its own databases to identify discrepancies and undeclared overtime. Ley 10/2021, de 9 de julio, de trabajo a distancia, already set the standard for digitalization.
Focus on Specific Sectors: Sectors such as hospitality, retail, construction, or transport will continue to be subject to special attention.
Digital Information Requests: The ITSS makes documentation requests electronically, requesting workday time tracking records in digital format.
Evidence of Traceability and Immutability: The ITSS not only verifies the existence of the record but also its reliability. A system that allows records to be modified easily or without leaving a trace will be viewed with suspicion.

Having a robust and well-managed workday time tracking system is not just an obligation, but an investment in the peace of mind of your SME.

Update of Sanctions and the LISOS Framework

Non-compliance with workday time tracking is a serious infraction. The regulations governing sanctions are the Real Decreto Legislativo 5/2000, de 4 de agosto, por el que se aprueba el texto refundido de la Ley sobre Infracciones y Sanciones en el Orden Social (LISOS) (Spanish Statute of Labour Infractions and Sanctions).

According to article 7.5 of the LISOS, "not registering the workday referred to in article 34.9 of the Estatuto de los Trabajadores" is considered a serious infraction. The economic sanctions for serious infractions, according to article 40 of the LISOS (amounts updated by Ley 10/2021, de 9 de julio, final provision one), are:

Minimum degree: From 751 to 1,500 euros.
Medium degree: From 1,501 to 3,750 euros.
Maximum degree: From 3,751 to 7,500 euros.

Important: In practice, the Spanish Labour Inspectorate usually imposes a single sanction per company, modulated in its degree (minimum/medium/maximum) depending on the number of affected workers, recidivism, and the employer's attitude. The literal multiplication of amount × workers × months is not the usual criterion.

Realistic example: An SME with 10 employees without registration detected in an inspection normally receives a serious sanction in the medium degree (between 1,501 € and 3,750 €). If there is recidivism or active resistance to the inspection work, the maximum degree of the serious infraction reaches up to 7,500 €. Higher amounts correspond to very serious infractions (from 7,501 €), reserved for extreme cases such as repeated obstruction or massive fraud.

The investment in a reliable time tracking system is minimal compared to the risk of these sanctions.

What Remains Unchanged: The Fundamentals of the Obligation

Despite the trends, the core of the workday time tracking obligation has remained solid since 2019.

The Generalized Obligation

The obligation to register the workday affects all companies and employed workers. There are no exceptions based on company size or type of contract. It affects self-employed individuals with employees, part-time workers (especially important for them), teleworkers (with digital systems that faithfully reflect their working time, according to Ley 10/2021), and mobile workers. The only exceptions are very limited and subject to restrictive interpretation, such as for senior executives with autonomy in their time management.

Minimum Content of the Record

Article 34.9 of the ET requires the "specific start and end times of the workday." For greater security, it is recommended to include:

Employee Identification.
Date.
Entry Time.
Exit Time.
Breaks that do not count as effective working time.

A complete record facilitates management and response to the ITSS.

The Obligation of Retention: Four Inderogable Years

Article 34.9 of the ET is explicit: "The company shall keep the records (...) for four years and they shall remain available to workers, their legal representatives, and the Spanish Labour Inspectorate." This implies:

Secure Storage: Guaranteeing the integrity and availability of data. Digital systems are superior to manual ones.
Accessibility: Being able to provide records quickly if the ITSS requires them. Inability to do so is a serious infraction.
Immutability: Data must be unalterable once recorded, or modifications must leave an audit trail.

Complying with this obligation protects your SME against future claims.

The Need for a Reliable and Accessible System

Regulations do not impose a format, but the system must be reliable, immutable, and accessible.

Reliability: Accurate and error-free recording.
Immutability: Data not easily modifiable.
Accessibility: For workers and the ITSS.

Digital time tracking systems are the most recommended option. They offer automation, security (cloud data), traceability, remote accessibility, detailed reports, and regulatory compliance. Choosing a good system is an investment in the efficiency and legal security of your SME.

Frequently Asked Questions about Workday Time Tracking in 2026

Is workday time tracking mandatory for all employees in my SME?

Yes, the obligation is generalized for all employed workers, regardless of the type of contract or work modality (in-person, telework, mobile). The only exceptions are very limited and specific, such as for senior executives with autonomy in their time management.

What minimum data must the workday time tracking record include?

Article 34.9 of the Estatuto de los Trabajadores requires the "specific start and end times of the workday." For greater security, it is recommended to add the employee's identification, the date, and breaks that do not count as effective time.

How long must I keep workday time tracking records?

You must keep workday time tracking records for a minimum period of four years, as established by article 34.9 of the Estatuto de los Trabajadores. It is crucial to be able to present them to the Spanish Labour Inspectorate or in response to any claim.

What sanctions can I face if I do not comply with workday time tracking in 2026?

Non-compliance is a serious infraction according to the LISOS, with economic sanctions ranging from 751 euros (minimum degree) to 7,500 euros (maximum degree). The ITSS usually applies a single sanction per company, modulated by severity, number of affected workers, and recidivism, not a literal multiplication per worker and month.

How would the reduction of working hours to 37.5 hours affect time tracking?

As of June 2026, the maximum legal working day remains 40 hours per week on an annual average. The proposal to reduce it to 37.5 hours was rejected by Congress on September 10, 2025, and there is no new project in processing. If it were reactivated and approved in the future, your time tracking system must adapt to the new limit for calculating ordinary and extraordinary hours, requiring greater precision in the calculation and management of overtime.

Workday time tracking is not an obstacle, but an indispensable tool for the efficient and legal management of your SME in 2026. Make sure you have a robust system prepared for the challenges ahead. If you want to know the economic impact of not complying with regulations, we invite you to use our sanction calculator.

Legal Notice: This guide compiles public regulations and offers informative content on workday time tracking. It does not replace personalized legal advice or direct consultation with a labor law expert or the Spanish Labour Inspectorate.