Inspection and penalties

What gets asked for in a visit

Usually the daily record for a specific period and specific people, with start and end times for each day, in a legible format that can be handed over on the spot.

Having the data in the system is not enough if it cannot be extracted and produced when asked.

The penalty regime

Failing to keep the record is a serious infringement under article 7.5 of the LISOS. After the amounts were updated by Law 10/2021, a serious infringement carries a fine of 751 to 7,500 euros depending on the grade.

On top of that can come a claim for unpaid overtime and its social security contributions.

What gets penalised most

Recording only the contractual schedule, filling in the record afterwards with the same handwriting for the whole month, or not covering remote workers. All three are easy to spot in a visit.

What an auditor usually asks for

• Record report extractable by worker and period, on the spot
• Record completed on the day, not reconstructed at month end
• Coverage of remote staff and of those working away from the site
• Correction history available to justify any adjustment

How to prepare for an inspection visit with Kimobox

1. 1Generate the report filtered by site, worker and dates, as PDF and spreadsheet.
2. 2Review the list of open exceptions before the visit, not during it.
3. 3Keep the correction history to hand: it explains adjustments better than any verbal justification.

Where each figure comes from

References to the official text in force. If a standard is revised, this page is updated and the review date says so.

1. Real Decreto-ley 8/2019 on urgent social protection measures and working time BOE-A-2019-3481 · 12/03/2019
2. Estatuto de los Trabajadores (Royal Legislative Decree 2/2015), arts. 34, 35 and 37 BOE-A-2015-11430 · —
3. Royal Legislative Decree 5/2000 (LISOS), arts. 7.5 and 40.1.b) BOE-A-2000-15060 · —
4. Law 10/2021 of 9 July on remote working BOE-A-2021-11472 · 10/07/2021