Friday, September 1, 2023, 5:10 p.m.
Companies that do not comply with the current obligation to have a time record of their employees’ working hours do not exempt them from paying for overtime hours worked, even if there is no way to officially verify whether they were done or not. Another new ruling from a Superior Court requires payment of extra hours worked by a worker even though there is no evidence that they were done. This time it is the Superior Court of Justice of Catalonia (TSJC), which in a recent ruling has endorsed the payment of overtime if the company does not provide the mandatory time registration included in article 34.9 of the Workers’ Statute since its entry into force. of the Royal Decree-Law approved in 2019. This adds to another ruling from last July from the same court but in the Balearic Islands.
The TSJC considers an appeal filed against a ruling of April 29, 2022 of the Social Court 2 of Granollers (Barcelona) that rejected the payment of overtime to a worker due to the company’s lack of time registration.
Justice has considered that failure to comply with the employer’s obligation not to record the worker’s working hours daily cannot benefit him when overtime payment is claimed. He has detailed that the ruling of the Social Court that rejected the payment of overtime violated article 217.2 of the Civil Procedure Law, “since the burden of proof was transferred to the plaintiff instead of being imposed on the offending defendant.” For this reason, it has recognized the total of overtime hours demanded by the worker, 1,250.50 hours, as well as the payment for these and “10% interest for the delay.”
For more than four years, all companies have been required to keep a daily record of their workers’ hours, which must include the specific start and end time, and keep it for four years.