Remote working is now a reality in Spain. More and more people are keen to adopt this model, which allows them to work from the comfort of their own homes, without having to travel to the office every day. But what does the law say on this matter? We’re going to focus on analysing the Royal Decree-Law 28/2020 and the Act 10/2021, answering any questions you may have.
The courts have had to step in various employer-employee disputes on this issue. Not everyone can simply request to work from home 100 %. There was a high-profile case in which the courts refused a mother’s request to work from home because the father was able to collect their child from school. It is therefore normal for various doubts to arise.
But what do we mean by teleworking? Teleworking, also known as remote working or working from home, refers to a way of working in which employees carry out their tasks and responsibilities from locations other than the company’s traditional office. Instead of physically travelling to the workplace, employees can carry out their work from home, co-working spaces or other convenient locations.
The teleworking This is made possible by information and communication technologies, such as computers, the internet, email, collaboration software and video conferencing. These tools enable employees to communicate, collaborate and access the resources they need to carry out their tasks without being physically present in the office.
What does the law define as teleworking?
The law we are referring to was named Remote Working Act, where ‘remote working’ refers to work carried out under an employment contract for a specified period, depending on the type of contract the employee holds. This brings us to the first key factor: the type of contract the employee holds.
This regulation also states that such work must be carried out remotely, or in other words, outside the usual office. It makes no mention of the requirement to work from the employee’s home, leaving the door open for people to work from shared spaces such as a co-working centre or from another country, if they so choose.
Who is covered by the Teleworking Act?
As we mentioned earlier, it will all depend on the type of contract you have. For example, for general contracts, the time spent working from home must be equivalent to 30 % of the total working hours over 3 months. In other words, the employee must work remotely for at least one and a half days.
On the other hand, for work experience contracts, the duration ranges up to 50 %. Even so, this Teleworking Act does not make teleworking compulsory, but leaves this issue open. For teleworking to take place, there must be a mutual agreement between both parties. But be warned! There are penalties for teleworking without a written contract.
And what happens if the teleworker does not want to work remotely? The Teleworkers’ Act states that it is not grounds for dismissal, just as their pay, working hours, promotion or professional development cannot be altered either.
How can you keep track of your working hours when working from home?
The Teleworkers Act states that Flexible working hours are compulsory. However, the company may require employees to be available at certain times. It may do so by setting time slots, which employees will then adhere to.
So what about time recording? Time and attendance systems are still in use. How can this be done if employees are working from home? These days there are newThere are numerous platforms and tools that allow your staff to clock in without any problems whatsoever.
Another issue covered by this new law is the the right to a digital break. This rule prevents managers from contacting their staff outside working hours to discuss day-to-day matters. Failure to comply with this rule may have serious consequences for companies.
Companies also incur a cost associated with this practice, as they will have to to cover all the costs associated with the employee’s remote working. On the one hand, it must provide all the equipment and tools to its employees, but there should also be a bonus for electricity and Wi-Fi.
What are the rights and obligations when working from home?
Initially, workers who opt for remote working will have exactly the same rights and obligations as those who attend in person. Equal access and non-discrimination on the grounds of religion or genre. So, everything is exactly the same.
One issue that has sparked a great deal of debate is that this Teleworking Act prohibits redundancies, but that is not the case. This law What it promotes is job security. The aim is to create more stable employment that enables employees to build their lives and get involved in personal projects.
Checklist to avoid penalties for breaching this law
Failure to comply with this law could prove costly for the company, as fines can range from between 70 and 225,000 euros. You should therefore have a thorough understanding of this law and comply with its requirements. Below, we set out a a set of requirements that you must meet:
- Telework is defined as any activity carried out outside the office.
- Everything must be signed in writing.
- Remote workers have the same rights as those who work on-site.
- Adequate protection in the areas of social security and health will be guaranteed,
- They shall have the right to collective representation.
And what should the contract include? Next:
- Inventory of loaned media and equipment
- Associated costs (such as electricity and Wi-Fi)
- Working hours and type of working day
- Percentage and distribution of working hours (which days are spent working from home)
- Workplace address
- Address where remote working takes place
- Means of monitoring, if any
- Notice periods
- Procedure in the event of technical difficulties
- Duration of the agreement
- Protection of personal data
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