Before the COVID-19 pandemic, less than 5% of workers in Spain were teleworking. Since then the figure has multiplied and now exceeds 30%.
This boom led first to the urgent reform of Article 13 of the Workers’ Statute by Royal Decree Law 28/2020 and, later, to the creation of the new Telework Law 10/2021. These are its main lines.
Índice
What is telework
The new Telework Law applies to workers in the General Regime who work at least 30% of the working day in this modality. Also workers under 18 years of age, with an internship contract and an alternating training contract, can telework up to a maximum of 50% of the working day. Previously, these workers were excluded from this modality.
Remote workers should have the same rights, pay, working conditions, promotion and work-life balance as on-site staff.
The telework agreement: a mandatory requirement
Telecommuting should always be voluntary for both the company and the employee. It is essential that there is a written agreement signed by both parties, either in the initial contract or in a later addendum.
The agreement should be signed before telework begins, and a copy should be given by the company to both the workers’ legal representative and the employment office.
Attention, because not formalising the telecommuting agreement in writing or not doing so in accordance with the regulations is considered a serious infringement punishable by fines ranging from 751 to 225,018 euros.
Contents of the telework agreement
If you decide to implement teleworking in your company, you must sign an agreement drawn up in accordance with Law 10/2021. This agreement must include the following:
- Work centre to which the worker belongs. It should be borne in mind that the rule gives priority to the distance worker to fill vacancies that may arise in face-to-face mode.
- Location from where you will telework.
- Distribution of working hours between remote and face-to-face work. In any case, the decision to telework is voluntary and reversible for both the company and the employee. It is sufficient for either of the parties to communicate the request within a prior period of time that must also be established in this agreement.
- Working hours and availability rules.
- Equipment needed for teleworking.
- Quantification of the compensation of the remote worker’s expenses.
- Protocol to be followed in case of technical difficulties impeding the work.
- Means of business control of the activity.
- Specific instructions for data protection and information security.
- Notice periods for the exercise of reversibility situations.
- Duration of the agreement.
Rights of remote workers
Teleworkers enjoy the same rights as those who work at the workplace. These are some of the most important ones:
- Training.
- Career advancement: the company must inform them in writing of opportunities, including face-to-face opportunities.
- Receive sufficient means according to the inventory in the telecommuting agreement.
- Compensation of expenses related to equipment and means linked to their work activity.
- Time recording including start and end of the working day, activity time, equipment activation time, preparation time for tasks and handover.
- Prevention of occupational hazards including availability time, breaks, disconnections.
- Privacy and data protection. The company may not install software on employee-owned devices, nor require their use for teleworking.
- Digital disconnection outside working hours.
- Collective rights: The company shall provide the necessary means to ensure access to communication with workers’ representatives.
Do you need legal labour advice for your company? At Confianz we can help you.