The recent unfavourable report of the Council of State on the reform of the working time records has put companies back at the center of a debate that never seems to be closed. As Víctor María, the director of the Afianza labor area, tells us, this scenario generates an environment of added complexity for the organizations. Since 2019, when the hourly registration became mandatory, the regulatory framework has not stopped changing, and every modification requires new obligations, investments and internal adjustments that directly impact on competitiveness.
This time, the notice does not come from the business fabric, but from the government’s highest advisory body. Its conclusions directly affect the daily operation of thousands of companies and it is worth analyzing why this opinion is a turning point.
The problem of legal certainty in the reform of time registration
The opinion questions something that is often overlooked: the chosen regulatory instrument matters as much as the content. the reform exceeds what can be regulated by a Royal Decree and that, because of its depth, it should be processed as a law.
Implications of the regulatory pathway for the business fabric
This is not a mere technicality; it is a warning about the legal certaintyWhen obligations affecting millions of workers and the internal structure of enterprises are regulated, the fast track creates risks:
- Operational uncertainty: Companies are afraid to invest in systems that can be challenged in the short term.
- Adaptation costs: Reviewing processes, forming teams and contracting technology solutions is an expense that is not always easy to assume if rules change soon.
Critical points: Inspection access and cybersecurity
One of the most controversial aspects of the new legislation is the possibility that the Work Inspection Access Remotely The CEOE has already pointed out that this is a serious challenge in terms of administrative burden and technological security.
For many organisations, especially those with complex infrastructures, this measure not only affects the data protectionThe Council of State insists that, although technically feasible, such an impact measure requires a higher standard that guarantees proportionality.
The balance between time control and operational feasibility
This episode reveals a tension that the corporate fabric has been pointing out for years: the need to balance the control of working time with the real viability of companies. While it is essential to combat fraud in overtime, it cannot be done at the cost of imposing obligations of difficult implementation for SMEs.
What options does the Government have now?
The lack of internal coordination within the administration has left companies in an uncertain situation.
- Reformulate the Royal Decree in accordance with the recommendations of the Council of State.
- Processing a Law, which would give greater stability but would delay the approval deadlines.
- Postponing reform to open up a deeper and more consensual process of social dialogue.
Regulating more does not always mean better regulation. Day registration will remain a central issue on the work agenda, but this opinion recalls that, when involved in the internal organisation of a company, consensus and regulatory clarity are as important as the objective of the rule itself.
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