Working-time record protocol template

How to use it

The draft Royal Decree asks each company to specify, as a minimum, these four points in its working-time recording protocol:

1. The procedure for making entries and changes.
2. The information reflected in the record, with its minimum data.
3. The periodic assessment of the system with the workers' representatives.
4. The training of the workforce on the record.

Below is a text for each point. The blanks in capital letters between square brackets, like [APPLICABLE COLLECTIVE AGREEMENT], are what is specific to each company: replace them or delete them. What isn't in brackets describes how it is done with People and links to the documentation; check that it matches what you do. Copy from the "Protocol" heading to the end of the page.

Working-time recording protocol of [COMPANY NAME]

Approval date: [DATE] · Version: [NO.] · Approved by: [POSITION OR BODY] · Consulted with the workers' legal representatives: [DATE / NOT APPLICABLE]

0. Purpose and scope

This protocol governs how [COMPANY NAME] records the working time of its workforce. It applies to [ALL WORKERS / THE CENTRES OR GROUPS INDICATED]. The applicable collective agreement is [APPLICABLE COLLECTIVE AGREEMENT] and it [DOES / DOES NOT] regulate the irregular distribution of working time.

The record is kept in the People application. It is kept for four years and is available to workers, to their legal representatives and to the Labour and Social Security Inspectorate.

1. Procedure for making entries and changes

1.1. Who records. Each person records their own working time, daily, from [THE WEB APPLICATION / THE MCP CONNECTOR, IF THE COMPANY ALLOWS IT]. The entry stores the person who makes it, the date and time and the channel used.

1.2. What is recorded. The start and end of the working day, of each non-countable break, of non-countable waiting and on-call times and of interruptions of the right to disconnect are recorded, stating whether work is on site or remote. More information in Working-time record.

1.3. Schedule type. Working time is organised with [FIXED SCHEDULE / FLEXIBLE SCHEDULE / BOTH, DEPENDING ON THE POST]. With a fixed schedule, ordinary hours are measured per day; with a flexible one, per month, against the weekly hours of the contract.

1.4. Counting and classifying hours. Hours beyond the working day are classified as overtime (full-time) or complementary hours (part-time). Overtime is [COMPENSATED WITH REST / PAID / CHOSEN CASE BY CASE] within [PERIOD]. The maximum of ordinary hours per day is [N] hours, in accordance with [APPLICABLE COLLECTIVE AGREEMENT].

1.5. Changes. No entry is changed without the authorisation of the company and of the person concerned. Any correction — adding a segment that wasn't clocked, changing a time, voiding or classifying hours — is made as a proposal with a reason, which the other party accepts or rejects. On the company's side, [THE DIRECT MANAGER / THE INDICATED HR PERSON: NAME OR POSITION] authorises. If the person rejects a company proposal, their disagreement is recorded and stored attached to the entry.

1.6. Correction period. Each month can be corrected by the person until day [N] of the following month. After that date, only the company can propose changes, which are marked as after closing and must be accepted by the person.

1.7. Forgotten entries and incomplete days. If a clock-out is forgotten, the system doesn't invent one: the day is left incomplete and the person is asked to propose the real time.

1.8. Technical incidents. If the system isn't working, working time is noted by [ALTERNATIVE MEANS: SHEET, EMAIL…] and [RESPONSIBLE PERSON] later enters it as a technical incident, with its justification. The person can give their agreement or leave their disagreement.

1.9. History. All changes remain in the history of the record, with their authorship, authorisations and date. Nothing is deleted or overwritten.

2. Information reflected and minimum data

Each person's record contains, as a minimum:

• The identification of the person and of whoever makes each entry.
• Their working-time regime (full or part-time, with the percentage) and their schedule.
• The start and end of each working day, to the hour and minute.
• The start and end of each break, waiting time, on-call time and interruption of disconnection.
• The work modality, on site or remote.
• The nature of the hours: ordinary, overtime or complementary, with their compensation and whether they are due to force majeure.
• The hours worked for conciliation, flexibility or irregular distribution, with the measure they derive from.
• Daily and monthly totals.
• All changes, with their authorship and authorisations.

The conciliation and flexibility measures of [COMPANY NAME] are: [COMPANY MEASURES]. Data on conciliation measures is handled with special care and is not shown to the legal representatives other than as an indication that they exist.

Access and copy. [COMPANY NAME] gives each person, with their payslip, the summary of the period, and the person can download their record whenever they want. The legal representatives access a minimised view, without personal data from the employee record, with the link provided by [RESPONSIBLE PERSON]. The Labour Inspectorate accesses through a temporary read-only link. More information in Access to and copy of the record and in Export columns.

Data processing. Data in the record is processed on the legal basis of [COMPANY NAME]'s legal obligation. Data protection officer or contact: [CONTACT].

3. Periodic assessment with the representatives

[COMPANY NAME] will assess the operation of the record with the workers' legal representatives [EVERY N MONTHS / ONCE A YEAR], at a meeting called by [PERSON OR BODY]. The following will be reviewed:

• The disagreements recorded and how they were resolved.
• The technical incidents of the period.
• The application's warnings (days with more ordinary hours than the daily maximum, rests of less than twelve hours) and the measures adopted.
• Pending incomplete days and unresolved proposals.
• The balance of overtime and complementary hours and of the monthly counts of the flexible schedule.
• The improvements the representatives propose.

Minutes will be taken of each meeting. [OTHER ASSESSMENT CRITERIA OF THE COMPANY.]

The legal representatives receive an email notice when a person leaves a disagreement about their record and can consult the record whenever they need with their access link.

4. Training of the workforce

[COMPANY NAME] will inform and train its workforce on working-time recording:

• All staff, on joining and whenever the protocol changes, on how to clock, which situations are recorded, how to propose a correction, how to leave a disagreement and how to download their copy, in [FORMAT: SESSION, GUIDE, VIDEO…] of [DURATION].
• Team managers and HR staff, on how to authorise proposals, the correction period, month close, the count for the flexible schedule and the Statute warnings.
• Whoever grants access to the record, on how to create and revoke links for the Inspectorate and the legal representatives, and on the export prior to deregistering the organization.

Training will be delivered by [PERSON RESPONSIBLE FOR TRAINING] and recorded [WHERE IT IS RECORDED]. This protocol is available to all staff at [PLACE TO CONSULT IT].

5. Review

The protocol will be reviewed [EVERY N MONTHS / WHEN THE REGULATION OR THE COLLECTIVE AGREEMENT CHANGES], and in any case when the final regulation is published and the ministerial order setting the system's technical requirements.

Signed: [NAME AND POSITION] · [DATE]