The royal decree 16/2013, of 20 December contains ways to help stability in employment and improve the employability of workers. Under this law, the company is required to register the work carried out by part-time workers every day.
For this reason, the workers’ day will be registered every day and will be totalized monthly, registering both regular hours and over-time.
The owner of the company must keep the monthly summaries of the records for a minimum period of four years.
If these record requirements are not met, the contract will be considered full-time, unless evidence is shown demonstrating the part-time nature of the services.
Not only does the Work and Social Security Inspection require the records of part-time workers, but also it requires a record of all workers, including full-time workers.
Therefore if until now you were not managing the daily record of your workers, we advise you to compile and manage a daily record of each worker. This is applicable for both part-time and full-time workers. The register should be sent out monthly to each worker with their pay-slip.
In La Axarquia, in towns such as Comares, La Vinuela, Velez-Malaga or Torre del Mar there are many small companies and self-employed workers who contract part-time workers. These will have to comply with this new requirement.
The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.
Author: Rosana Tejada
Biographical Info: Rosana Tejada Crespo is a tax advisor holding a Master’s Degree in International Taxation. She specialises in companies and freelancers, tax regulations concerning foreign employees (Beckham Law), non-resident tax, inheritance tax and Spanish income tax. She is one of the founders of Tejada Solicitors (2000), which comprises a group of English speaking solicitors, economists and architects.
