UGT and CCOO, two prominent trade unions in Spain, have officially submitted allegations against the draft of a Real Decreto-Ley aimed at reforming the current time registration system. This initiative, spearheaded by Minister of Labor Yolanda Díaz, seeks to transition the time registration to a digital format, allowing for remote Inspection access to prevent discrepancies that currently permeate many industries. One of the unions’ key proposals is to leverage this new registration system to bolster the right to digital disconnection for workers.
Their aim is not merely to tighten the time registration so that employees do not work beyond their contractual hours but also to ensure that once they leave the office, they will not receive communications from their employer. Furthermore, if employees choose not to respond to such communications, they should not face any penalties for being disconnected.
“Two critical omissions stand out in the proposal. It is insufficient because it does not address the right to disconnection. The protection of the right to rest requires that the regulation governing compliance control includes specific references to this legally established right,” states a document presented by CCOO. The document underscores the necessity for the regulation to articulate the consequences that could arise for businesses if they do not comply.
Specifically, the unions propose the following definition in the law: “The employer’s obligation to ensure the right to disconnection entails, among other things, no requests for labor performance and no communication from the company or its delegate, as well as to third parties related to the company, directed to the worker by any device, tool, or through digital means while outside of their work hours. The right to disconnect is non-negotiable.
Moreover, the unions argue that this right should only have exceptions when “justified extraordinary circumstances exist that could pose a serious risk to individuals or significant business harm requiring immediate actions,” and such exceptions must be agreed upon through collective bargaining.
“The refusal or neglect to respond to digital communications or requests for labor performance outside working hours should not lead to any negative repercussions, reprisals, or unfavorable treatment for the worker,” they add.
In line with these sentiments, UGT insists that interruptions to the right to digital disconnection should only occur under exceptional circumstances, ensuring that such cases remain clearly defined in law or collective agreements. This protects the effectiveness of the right to disconnection and the opportunity for genuine rest.
Overall, they assert that the “draft law displays various normative and technical shortcomings that must be addressed to guarantee its full alignment with legal and community frameworks, ensuring its effectiveness as a tool for safeguarding labor rights and health protection.”
Increased Requirements
The unions also demand that the final text clearly stipulate that the time registration must be completed directly by workers to ensure the “authenticity and accuracy of the recorded information,” preventing any surrogation or manipulation of records, as noted by UGT.
Regarding the system implemented by companies to monitor hours worked, which should be digital and accessible to the Labor Inspection, the unions protest that this choice should not be made unilaterally by the employer.
The initial draft outlined, “Companies may adopt a registration system that meets the established technical requirements or choose an alternative.” CCOO insists that “the choice of the technical registration system must be consulted with the legal representatives of the employees,” and that if an alternative system is selected, it must be accompanied by a report from a qualified technician justifying the choice based on the company’s characteristics, a copy of which must be provided to the legal representatives.
UGT concurs, emphasizing the need for the choice of any alternative registration system to be accompanied by a technical report prepared by competent personnel. This report should be shared with the employees’ legal representatives well in advance for consultation.
Furthermore, both organizations agree that employees and their legal and union representatives should have access to the registration logs both in-person and remotely for four years, and not solely the labor inspectors. This transparency is crucial in ensuring compliance and protecting workers’ rights.