Digital working-time register and pay transparency: what is in force and what is not yet
Neither the digital working-time register nor the new pay transparency rules are in force. The baseline obligations are.
Neither reform has been published in the BOE (Spain’s Official State Gazette) yet, but today you already have to record working hours and keep a pay register.
These are two of the most talked-about labour reforms of the year, and also two of the most confusing. Between announcements, drafts and headlines, it’s easy to think they are already mandatory or, conversely, that there is nothing to do until they arrive. Here we explain where each one stands, what current law requires, and how to prepare without anticipating obligations that don’t exist yet.
Digital working-time register: a year in the making
The Government separated the working-time register from the 37.5-hour working week reform when the latter fell through in Congress, and decided to push it through by royal decree, without going through Parliament. This is the path so far:
- September 2025The Council of Ministers agrees to fast-track a specific royal decree on working-time registration.
- March 2026The Council of State issues an unfavourable opinion on the draft, forcing the text to be revised.
- July 2026The Ministries of Labour and Economy agree to postpone its approval until after the summer.
- September 2026The Ministry of Labour announces it will approve it immediately, but the month ends without it reaching the Council of Ministers.
The draft proposes that the register be exclusively digital, personal, tamper-proof and remotely accessible to the Labour Inspectorate. But until the final text is published, those requirements may change.
What is mandatory today
The obligation to record working hours is not new: it has existed since 2019 and remains fully in force, regardless of when the digital format arrives.
The company shall ensure the daily recording of working hours, which must include the specific start and end times of each employee’s working day, without prejudice to the working-time flexibility established in this article.
Workers’ Statute (Estatuto de los Trabajadores), article 34.9 (courtesy translation)Records must be kept for four years and be available to employees, their legal representatives and the Labour Inspectorate. Today the system can be on paper, in a spreadsheet or digital, as long as it is reliable.
Pay transparency: the European deadline has already passed
Directive (EU) 2023/970 strengthens equal pay between women and men through pay transparency. Its transposition deadline was clear:
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 7 June 2026.
Directive (EU) 2023/970, article 34(1)Spain did not make it in time. The Ministry of Labour opened a public consultation in spring and, in August, put out for public hearing a draft royal decree amending Royal Decree 902/2020 on equal pay. As of today it has still not been approved, and the final text may go beyond the directive’s minimum requirements.
What the directive brings
| Measure | What the directive establishes |
|---|---|
| Before hiring | Inform candidates of the initial pay or pay range for the position, for example in the job advert. |
| Pay history | Employers are prohibited from asking candidates what they earn or earned in previous jobs. |
| Pay criteria | Make available to staff the criteria used to set pay, pay levels and pay progression, which must be objective and gender-neutral. |
| Right to information | Any employee can request their pay level and the average pay, broken down by sex, of those doing equal work or work of equal value. Reply within a maximum of two months. |
| Pay gap reports | 250 or more employees: every year from June 2027. 150 to 249: every three years from June 2027. 100 to 149: every three years from June 2031. |
| Joint pay assessment | Carried out with workers’ representatives if there is a difference of at least 5% in a category that is not justified or corrected within six months. |
Employers shall not ask applicants about their pay history in their current or previous employment relationships.
Directive (EU) 2023/970, article 5(2)What is mandatory today
Spain already has its own baseline. All companies must keep a pay register with average values broken down by sex, and those with an equality plan must include a pay audit. In addition, the Workers’ Statute already sets a justification threshold:
Where, in a company with at least fifty employees, the average pay of employees of one sex is twenty-five percent or more higher than that of the other […] the employer must include in the Pay Register a justification that the difference is due to reasons unrelated to the sex of the employees.
Workers’ Statute (Estatuto de los Trabajadores), article 28.3 (courtesy translation)
Myths and facts
No. The royal decree has still not been approved. What is mandatory is recording daily working hours with a reliable system.
The pay register, the pay audit linked to the equality plan and the 25% justification all remain in force.
The directive sets June 2027 as the first deadline for companies with 150 or more employees, using data from the previous calendar year.
Organising your data, reviewing job evaluations or choosing a working-time recording system takes time, and it pays off regardless of the final text.
How to prepare without rushing
- Review your current working-time register. It should be daily, record each employee’s start and end times, and be kept for four years.
- If you’re going to change systems, think digital. A traceable, accessible system will leave you better placed when the reform arrives.
- Update your pay register with reliable data broken down by sex, category and pay component.
- Document your pay criteria. Pay bands, supplements and progression rules, in writing and with objective criteria.
- Review your recruitment processes. Job adverts in neutral language and interviews that don’t ask about previous salary.
Frequently asked questions
When will the digital working-time register come into force?
There is no date. It must first be approved by the Council of Ministers and published in the BOE, and the text will set its own adaptation period.
Can I keep recording working hours on paper?
Today, yes, as long as the register is reliable and records the specific start and end times of each employee.
Do I already have to include the salary in job adverts?
It is an obligation under the directive, but Spain has not yet approved the rule that incorporates it. It’s worth adapting your processes in the meantime.
My company has fewer than 100 employees. Does pay transparency affect me?
Partly, yes. Under the directive, pay gap reports start at 100 employees, but the information given to candidates and the right to information affect all companies. In addition, the pay register is already mandatory for everyone.
Official sources
- Workers’ Statute (Estatuto de los Trabajadores), articles 28.3 and 34.9
- Directive (EU) 2023/970 of 10 May 2023 on pay transparency
- Royal Decree 902/2020 of 13 October on equal pay between women and men
Get ready before they arrive
We review your working-time register and your pay register so you’re ready when the reforms are approved.
Talk to our employment advisers