Digital time tracking delayed to September 2026: what it means for the self-employed and SMEs

A last-minute twist in one of the most anticipated labour reforms of the year. The Spanish Government has decided to postpone the approval of the new digital time-tracking regulation to September 2026 — the rules that will govern the working-time record for all companies and self-employed workers with staff. The move comes just days after the Minister of Labour, Yolanda Díaz, said the rule was «practically ready» and would be approved before 31 July.

The delay is a breather for thousands of small businesses, but it also leaves key questions hanging: when it will take effect, how much time there will be to adapt, and which technical requirements will finally be mandatory.

Why the new time-tracking rules have been delayed

The postponement is the result of months of disagreement within the Government itself and a critical opinion from the Council of State. Labour and Economy have finally reached an agreement to push the reform past the summer and keep refining the text.

The keys to the delay

• The Ministry of Labour defends the record as an essential tool to make it harder to manipulate working hours and to pursue unreported overtime.
• The Ministry of Economy calls for a more gradual rollout to reduce the financial and organisational impact on small businesses.
• The Council of State questioned the administrative burden on SMEs, the lack of adaptation to certain sectors, and even whether a reform of this scope should be passed by royal decree rather than by law.
• The Government will use the summer to review the draft before taking it to the Council of Ministers in September.

A setback for the unions, a relief for the self-employed

The delay is a setback for the CCOO and UGT unions, which had set 31 July as a deadline and warned they would not take part in future agreements if the commitment was broken again. They will now have to decide whether to uphold that warning or accept the new September timetable.

On the business side, the decision has been received cautiously. ATA sees the postponement as a small breather, though it insists the rule remains «badly designed».

«This postponement is a breather, but yet more proof that some things aren't well designed and pile more weight and disruption onto small businesses.»

What's still pending

The Government has only confirmed that approval moves to September, but the unknowns that worry small businesses most remain unresolved:

Questions still open

• The exact September date on which the royal decree will reach the Council of Ministers.
• The adaptation period: six months and even a year for SMEs have been floated, but nothing is settled.
• When it will take effect once published in the Official State Gazette (BOE).
• Which technical requirements will finally be mandatory, and how much it will cost to adapt.

The obligations that are coming (delay or not)

The postponement doesn't change the substance: the digital time-tracking record will eventually be mandatory. The latest known draft lets us anticipate the obligations that businesses with staff will take on:

What the new record will require

• A fully digital record that objectively reflects the start and end of the working day.
• Full traceability: any change must show who made it, when, and what was changed.
• Data retention for four years.
• An internal operating protocol and information for the whole workforce on its use.
• Immediate access for workers and their representatives to the records.
• Remote access for the Labour Inspectorate to check working days and overtime.

You can see the detail of these requirements and the earlier timetable in our article on time tracking for SMEs and its approval, and in our guide to time-tracking software for legal compliance.

Use the breather to get ahead

The delay to September is the perfect chance to prepare the ground without rush or last-minute costs. When the rule is approved, the adaptation window could be short, so arriving with your homework done is the smartest strategy.

What to do this summer

• Audit your current system: is it digital, tamper-proof and accessible remotely?
• Replace paper and spreadsheets with a valid digital clocking system.
• Make sure remote workers also clock in correctly.
• Guarantee each worker access to their record and four-year retention.

Horalia: reach September already compliant

Adapting doesn't have to be expensive or complicated. Horalia is a workforce management platform designed for SMEs and self-employed professionals with staff that already meets all the requirements set out in the new regulation. When the rule takes effect, you won't need to change a thing: with Horalia, you're already compliant.

Why Horalia complies with the new regulation

• Multi-device digital clocking: mobile, browser or physical terminal, on-site or remote.
• Tamper-proof records with a modification log: every change is traced with user, date and reason.
• Real-time access for each worker to their record, with automatic four-year retention.
• Reports exportable for the Labour Inspectorate in seconds.
• Integrated management of leave and holidays, shifts and employment documents.

Want to know how much a penalty could cost if you don't comply with the time-tracking rules? Use our penalty calculator and get an estimate in seconds. And if you'd like to see it in action, try Horalia for free.