The Ministry of Labour has stated that it will continue with the reform of the hours registry, despite the opposition from the Council of State, emphasising that this regulation is part of the agreement between the coalition government PSOE-Sumar and must be implemented. After the Council of State rejected the draft royal decree, the Ministry of Labour indicated that it would make modifications related to data protection and the role of collective bargaining in order to advance this reform and present it to the Council of Ministers. Some modifications will help protect it legally against the challenge that the employers’ association CEOE has announced it will undertake in the courts. Sources from the Ministry of Labour accuse this organisation of favouring companies that do not comply with the law. The regulation, according to sources from the Ministry of Labour, will maintain its digital and accessible nature for the Labour Inspectorate, so that the working hours registry, which has been in operation since 2018, is effective and resolves the issue of unpaid overtime. The response from the Ministry of Labour comes after a report from the Council of State which determines that the proposed regulation does not comply with Spanish and European legislation on data protection, and exceeds the regulatory authority by establishing new obligations and responsibilities for companies that are not covered by the law intended for implementation. The report includes claims and reports from various ministries, such as the Ministry of Economy and the Ministry of Public Administration, as well as from the Spanish Agency for Data Protection and social representatives.
The Council of State rejects the reform of the working hours register and Labour maintains that it must be approved.
