March 3, 2026
The new working time record «should not take much longer»
The draft of the new mandatory digital working time record is currently at the Council of State awaiting its opinion and could be approved soon. We analyse the current status of the process and what it means for businesses.
The new mandatory digital working time record is now in the final stage of its legislative process. According to the Secretary of State for Employment, Joaquín Pérez Rey, the regulation is currently before the Council of State awaiting its opinion, and its final approval “should not take much longer”.
This development brings companies, SMEs and self-employed professionals with employees closer to a new regulatory framework for working time control, with stricter technical requirements and a fully digital system accessible to the Labour Inspectorate.
The new working time record is at the Council of State
The review by the Council of State is one of the final formal steps before the Government can officially approve the new working time record regulation. This advisory body issues a legal opinion on draft legislation before it is definitively validated by the Council of Ministers.
Current status of the new working time record
The regulation has already been drafted and is only awaiting the Council of State’s opinion before its formal approval.
What the new mandatory digital working time record will look like
The reform will strengthen the mandatory nature of digital working time recording, definitively eliminating paper-based systems or tools that can be easily altered. The aim is to ensure full traceability of working hours and to combat undeclared overtime.
The new model will require systems to be reliable, tamper-proof and accessible in real time to the Labour and Social Security Inspectorate.
Key expected features
The new digital working time record system must:
- Be fully digital and non-editable without technical traceability.
- Ensure unequivocal employee identification.
- Record start time, end time and any breaks.
- Allow remote access for the Labour Inspectorate.
- Provide legal certainty for both employer and employee.
What this means for SMEs and self-employed employers
Small and medium-sized enterprises, as well as self-employed professionals with employees, will be particularly affected by the new mandatory working time record. Organisations still relying on paper sheets, non-auditable spreadsheets or systems lacking technical guarantees will need to adapt.
The Ministry’s objective is to strengthen real compliance with working hours regulations and improve oversight of overtime in Spain.
When will the new working time control enter into force?
Although there is still no specific entry-into-force date, the fact that the regulation is already before the Council of State confirms that approval is imminent. Following the opinion, the text may be submitted to the Council of Ministers for final validation.
An adaptation period is expected, but it could be limited—especially for companies starting from low levels of digitalisation.
Why companies should prepare now
Waiting for the official publication before beginning the adaptation process may lead to urgency, additional costs and compliance risks. The new digital working time record is not a mere formality: it will involve clear technical requirements and enhanced inspection capabilities.
Reviewing your current time tracking system now, assessing whether it meets criteria of traceability, integrity and remote access, and planning the technological transition will help minimise the impact once the regulation is approved.
Strategic conclusion
The new working time record “should not take much longer” to be approved. Companies that anticipate the change and adapt their systems now will face an almost seamless transition when the regulation enters into force.
