Time and attendance: learn the rules for each work arrangement

Whether the work is performed in-office, remotely or in a hybrid model, compliance with the labor rules is crucial

By Luzinete Rosário

Timekeeping management is essential to ensure good order and transparency when it comes to recording the employees’ work hours. This labor requirement also has a few particularities depending on the work model adopted by the company.

The way companies operate has changed dramatically since the pandemic. Some have completely made the shift to remote work, while others have been operating under a hybrid arrangement. Businesses that require employees to work from office have also gained momentum.

Regardless of the chosen arrangement, it is important that companies comply with labor and union regulations to keep track of their employees’ work hours.

But how should time and attendance be managed under the most common work models? Find out below if your company is compliant with the rules in force.

Employee timekeeping: what does the law prescribe?

Pursuant to the Economic Freedom Act (Law No. 13,874/2019), businesses with more than 20 workers are required to keep track of their employee’s clock in and clock out times, and records can be entered manually, mechanically or electronically.

Rest breaks can be recorded in advance, which essentially exempts employees from recording meal breaks in the timekeeping system used by the company.

In-office work

Companies that adopt this work arrangement must use a timekeeping system, as explained above, in accordance with the regulations.

Although all the above possibilities are allowed for recording the employees’ time and attendance, many businesses that rely entirely on in-office work have opted for electronic timekeeping systems because of the convenience this tool provides for managing time and attendance.

This format also provides more security when recording the employee’s working hours as the files are stored in a digital format, thus preventing data loss.

Remote and hybrid work

Employees working under a remote and/or hybrid arrangement (except for those who provide services on a piecework or task basis) must have their working hours monitored.

For remote work arrangements (also called ‘telecommuting’), which is governed by the provisions of Law No. 14,442/2022, it is important that both parties sign an employment agreement providing for all aspects related to the work performance. The way the employee’s working hours will be tracked being one of them.

It is worth mentioning that remote work is allowed for interns and apprentices as well.

The law states that telecommuting is not invalidated if the worker regularly attends the employer's premises, thus the provision of services under such format should be clearly outlined in the employment contract.

Using an online timekeeping system turns out to be the best solution for work performed remotely, as this technology is fully in line with the mobility inherent to those arrangements.

Read more: Digital nomads: labor-related issues of this work format

Off-site work

Working hours must still be monitored even in cases where an employee works outside the company's premises. Time tracking is even recommended to avoid potential labor claims.

In these circumstances, time clock apps with geolocation provide for an excellent management tool, as they allow employees to clock in and out while the manager can monitor the service provision.

Time tracking technology

Whatever the company’s primary business activity, it is paramount to ensure compliance with the law. Hence, online time tracking makes a lot of things easier when aligned with the rules set by MTP Ordinance No 671/2021.

The above regulation states, among other provisions, that the proof of timekeeping may be issued in printed or electronic format, and also establishes that the system must not record data automatically nor allow changes to be made in the data entered by the worker.

Read more: Trends in people management technologies for 2023

Domingues e Pinho Contadores assists clients with the deployment of electronic timekeeping systems and offers Enterprise Resource Planning (ERP) for their monitoring, also setting up modules for managers.

With full payroll integration, this tool streamlines the calculation of overtime and time off in lieu. Thanks to this solution, one can combine DPC's labor expertise with technology applications that avoid exposing your business to unnecessary risks and costs. To take your company’s timekeeping to the next level, contact us at: dpc@dpc.com.br.