Spain: Lack of Time Records and Claims for Overtime. Do We have Clear Rules?
Without a doubt, one of the most contentious issues in labor law is the impact of a company’s failure to maintain time records.
As usual, some legal practitioners (those closer to labor law) believe that the absence of time records automatically establishes the overtime claimed by the employee.
On the other hand, the other group of legal practitioners (closer to the business sector) tends to consider that, regardless of the absence of time records, it is up to the employee to prove the existence of the claimed overtime.
Well, after several rulings by the High Courts of Justice, the Supreme Court has finally ruled on the matter in its Judgment of April 15, 2025 (Case No. 674/2025) and, after thoroughly analyzing the law and case law, the Supreme Court outlines the rule to be followed which, while not precise, provides greater clarity in this whole mess:
- If there is a fixed and known schedule, the employee must provide sufficient evidence that overtime has been worked.
- If there is no stable schedule or the workday is irregular, the lack of a time record may work against the company, which will find it more difficult to prove the actual hours worked.
Thus, the Supreme Court establishes different solutions depending on whether the employee’s schedule: (i) is fixed in nature or; (ii) lacks a stable schedule.
In the first case, it is the employee who must provide sufficient evidence to demonstrate the claimed overtime, and in the second case, it is the company’s responsibility to demonstrate the employee’s working hours.
So, with this ruling, the Supreme Court sheds some light on one of the most pressing practical issues today; however, it is important to note that the absence of time records, aside from leading to disputes over overtime claims, is also subject to administrative penalties. Therefore, to prevent legal issues—whether with employees or with the authorities—it is particularly beneficial to comply with this obligation.
