The High Court of Justice of Catalonia has declared the dismissal of a first-class painter officer unfair after he failed to clock in for seven days following his return from medical leave and vacation. The court ordered his employer to either reinstate the worker or pay him 42,671.66 euros in compensation.
The employee had worked for the company since 2001 and earned a monthly salary of approximately 1,800 euros. After taking two periods of temporary disability leave between 2022 and 2024 followed by scheduled vacation time, he returned to his post on May 6, 2024.
Between May 6 and May 13, 2024, the painter did not record his working hours. The company issued a disciplinary dismissal on May 14, 2024, claiming that the failure to log hours was a repeated and intentional violation that warranted the maximum workplace penalty after prior warnings.
Dismissal and Lower Court Ruling
In May 2025, Social Court Number 2 of Mataró initially upheld the dismissal, ruling that the worker had committed a serious infraction. That lower court did, however, order the business to pay 739.98 euros in outstanding back wages.
The painter appealed the decision to the High Court of Justice of Catalonia, which reviewed the case in May 2026. The regional high court overturned the lower ruling, finding that the business failed to prove it had given the employee adequate prior warnings regarding his failure to record his daily schedule.
High Court Findings and Compensation
Applying the principle of proportionality, the High Court determined that failing to clock in for seven days is a serious matter but does not automatically justify termination without verified prior warnings. The tribunal noted that disciplinary dismissal must serve as the final option among workplace sanctions.
The High Court rejected declaring the dismissal null and void, stating there was no evidence of discrimination linked to the worker's previous medical leaves. Under the ruling, the company must choose between restoring the painter to his position or paying the mandated compensation of 42,671.66 euros.
Legal Requirements for Time Tracking
Daily time tracking became mandatory for employers and employees in Spain under Royal Decree-Law 8/2019, which amended the Workers' Statute. Paragraph 9 of Article 34 of the statute requires companies to guarantee a daily record of working hours that logs the specific start and end times of each worker while accommodating flexible schedules.
Under the law, time tracking procedures must be organized and documented through collective bargaining, company agreements, or employer decisions following consultations with legal worker representatives. Companies are legally required to store these records for four years and keep them available to workers, employee representatives, and the Labor and Social Security Inspectorate.
