Remote work is a reality in Spain. More and more people wish to adopt this model that allows them to work from the comfort of their homes, without the need to go to the office daily. But what does the law say about it? Let’s focus on analyzing Royal Decree-Law 28/2020 and Law 10/2021, resolving all the doubts you may have.
The courts have had to intervene in several company-employee conflicts on this issue. Not everyone can request 100% remote work. One notable case was when a mother was denied remote work because the father could pick up their child from school. Thus, it’s normal for doubts to arise.
But what do we mean by remote work? Remote work, also known as telework or distance work, refers to a labor modality in which employees perform their tasks and responsibilities from locations other than the company’s traditional office. Instead of physically commuting to the workplace, employees can carry out their work from home, coworking spaces, or other convenient locations.
Remote work is possible thanks to information and communication technologies such as computers, the Internet, email, collaboration software, and video conferencing. These tools allow employees to communicate, collaborate, and access the necessary resources to perform their tasks without being physically present in the office.
This law, known as the Remote Work Law, defines remote work as employment activities carried out under a dependent relationship that are performed for a specific amount of time according to the worker’s type of contract. Here we find the first key point: the type of contract the employee has.
This regulation also establishes that such work must be performed remotely, that is, outside the usual office. It does not specify that it must be done from the employee’s home, leaving the door open for people to work from shared spaces such as coworking areas or even from another country if they wish.
As mentioned earlier, everything depends on the type of contract. For general contracts, the time worked remotely must be equivalent to 30% of the total workday over three months. In other words, the employee must work remotely at least one and a half days per week.
For internship contracts, the time extends up to 50%. However, the Remote Work Law does not establish an obligation but leaves the matter open. For remote work to occur, there must be mutual agreement between both parties. But beware! There are penalties for remote work without a written contract.
And what if the remote worker does not want this work modality? The Remote Work Law states that it is not grounds for dismissal, nor can salary, schedules, promotion, or professional training be affected.
The Remote Work Law establishes that schedule flexibility is mandatory. However, the company may require certain availability periods. This can be done through time slots that employees must respect.
So, what happens with time tracking? Time control or clock-in systems remain mandatory. How can this be done if employees are at home? Today, there are numerous platforms and tools that allow employees to clock in without any problem.
Another important point included in this new law is the right to digital disconnection. This rule prevents managers from contacting employees outside working hours for work-related matters. Violating this can lead to serious consequences for companies.
Companies also have costs associated with this practice, as they must cover all expenses related to remote work. On the one hand, they must provide all necessary equipment and tools to their employees, and on the other, they must compensate for electricity and Wi-Fi usage.
In principle, employees working remotely have exactly the same rights and obligations as those working on-site. Equal access and non-discrimination based on religion or gender must be promoted. Thus, everything remains the same.
One debated issue is that the Remote Work Law prohibits dismissals, but this is not entirely true. What the law promotes is job stability. It seeks to create more stable employment that allows employees to develop their lives and engage in personal projects.
Non-compliance with this law can be costly for companies, as fines may range from €70 to €225,000. Therefore, it’s essential to understand this law thoroughly and comply with its requirements. Below, we present a list of requirements you must meet:
What must the contract include? The following:
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