Mandatory digital time clock 2026
What the new regulations require and how Factorial gets you ready
The Government is making digital clocking in mandatory throughout Spain, with no exceptions for size or sector. While it’s being published in the Official State Gazette, the Inspection is already penalizing paper or Excel records that it doesn’t consider reliable. Getting ahead of it isn’t an option: it’s the only way to arrive without surprises.
WHAT CHANGES WITH THE NEW WORK HOURS REGULATION?
Time tracking has been mandatory in Spain since 2019, but the current law doesn’t specify which tool has to be used: paper, Excel, or software are all fine, as long as they’re reliable. The new Royal Decree closes that door. Here are the main updates in the draft:
Fully digital clock-ins: Paper and Excel are no longer valid. Tracking has to be done via software or app, physical terminal with RFID card or PIN code, or QR reader.
Immutable and traceable logs: Every clock-in is automatically stamped with date and time. If a mistake needs to be corrected, the correction has to be logged separately, showing who did it, when, and why, without overwriting the original entry.
Remote access for the Labor Inspectorate: The ITSS will be able to check your company’s records online, without needing a physical visit.
4-year retention: Records must be available to the company, employees, their representatives, and the inspection authorities during that period.
Restricted biometrics: Fingerprints or facial recognition are only allowed if there’s no less invasive alternative.
Including commutes and remote work: Travel between work sites or with clients, as well as remote working days, must also be recorded as actual working time.
WHAT HAPPENS IF YOUR COMPANY DOESN'T COMPLY?
Failure to comply with work hour registration is already considered a serious offense under Article 7.5 of the LISOS. Under current regulations, fines range from €751 to €7,500. With the reform underway, the draft of the new sanctioning regime raises that maximum to €10,000 per affected employee, not per company. For a staff of 20 people, that could translate into a risk of up to €200,000 in the worst-case scenario.
Key benefit: the sooner you switch to a digital and traceable system, the less exposed your company will be while the final schedule is sorted out.
HOW FACTORIAL HELPS YOU COMPLY
Factorial centralizes digital clock-ins and connects them with the rest of people management, without the need to maintain a parallel system:
Clock in from any device: Clock in, out, and breaks from mobile, web, QR, or geolocation, with automatic time stamping.
Automatic overtime control: Every extra hour is recorded, indicating whether it is compensated with pay or time off.
Change history with traceability: Any correction is documented: who made it, when, and why, without overwriting the original record.
Exportable real-time reports: Data is ready for labor inspections or internal use, without having to rebuild anything manually.
Integrated absence and shift management: Clock-ins connect with vacations, leaves, and team planning, instead of being in an isolated tool.
FREQUENT QUESTIONS ABOUT THE NEW WORK HOURS CONTROL LAW
Can I keep using Excel in the meantime? Formally, yes, if the record is reliable and traceable. In practice, inspections already penalize Excels they consider easy to manipulate, without version control. Migrating now reduces that risk.
Does it affect my company even if I have few employees? Yes. The obligation applies to all companies and freelancers with employees, with no exceptions for size or sector.
What’s the difference between implementing Factorial alone or with GROUPmee? With GROUPmee, you get a setup adapted to your agreement and your actual shift structure, training for your team, and continuous support, instead of just activating the module.