On October 13, 2020, as a result of the pandemic, the new Law that would be in charge of regulating telework and change the labor paradigm that until that moment was known came into force. Do you want to know what are the practical and legal keys of the Telework Law in Spain? Then you came to the right place! Here we will detail them for you.
What does the Telework Law establish and when does it apply?
After the arrival of the Coronavirus and the State of Alarm decree, telework became the reality in Spain. After in 2019, according to INE data, there was a timid 4.8% of remote workers, this modality went on to become the new reality for more than a third of the country’s employees.
In this regard, the entry into force of Royal Legislative Decree 28/2020, of September 22 in relation to teleworking, decrees a series of measures aimed at regulating the provision of work in this modality, which was previously regulated generically by the Workers’ Statute.
Although this new law seeks to clarify the rights and duties between the company and the employees, it leaves free several aspects regarding the criteria for collective bargaining.
In that sense, the Telework Law will apply when the remote work is carried out for a minimum of 30% of the established working day in a period of 3 months.
In any case, of course, there must be a written telework agreement between each of the parties. This may be established in the initial contract or subsequently. This document must state that teleworking will always be voluntary and reversible for both the job and the employer.
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Who should bear the costs incurred by teleworking?
The Telework Law in Spain establishes that companies and organizations have the duty to pay and compensate the expenses derived from the development of telework at a distance. That is to say, it must take care of providing the necessary equipment, means, tools and supplies.
In this regard, it is important to note that the Law states that any collective bargaining agreement may establish the mechanism to determine, compensate and pay these expenses.
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10 key legal and practical aspects of the Spanish Labor Law that you need to know
The Telework Law in Spain highlights 10 essential keys:
Period of the working day
Telecommuting shall be considered as remote work when the employee performs, at home or at a place of his choice, at least 30% of the working day in a reference period of 3 months.
Voluntariness
It is established that remote work is voluntary for both the employee and the employer and requires, in addition, the signing of an agreement. Such agreement may form part of the employment contract or be signed subsequently.
Likewise, if the employee refuses to work remotely, this will not be a justified cause to carry out a dismissal or a substantial modification of the working conditions. Also, if the decision to work remotely is made, it may be reversible for both the employee and the company.
3. Limitations
In view of this premise, the decree establishes certain limitations and stipulates that employment contracts entered into with minors and all internship or training contracts may only telework 50% of the working day.
4. The internal agreement on telecommuting
The Telework Law in Spain establishes that the following content must be taken into account in the internal agreement:
5. Right to training
The company must adopt the necessary measures and actions to ensure the participation of remote workers and that they receive the necessary training to carry out their activity properly.
6. Right to payment and compensation of expenses
Opting for teleworking does not require any modification in the salary received. What does change is that the company must compensate the expenses generated to the worker by the provision of telecommuting. For example, electricity and internet expenses.
In this regard, the mechanisms for compensation or payment of expenses must be established in the collective bargaining agreements.
7. Evaluation of occupational risks
People who work from home have the right to enjoy protection, safety and health at work. Therefore, the risk assessment and planning of this activity should consider the hazards that are characteristic of remote work.
In particular, the distribution of the working day, availability times and, above all, guaranteeing breaks and disconnections throughout the working day must be taken into account.
8. The right to privacy and data protection.
The use of applications that enable remote work and the control of remote work through devices can guarantee the right to privacy and data protection.
On the other hand, the company may not require the installation of programs or applications on devices owned by employees or the use of those devices in the execution of your tasks.
9. Corporate Control
Companies may implement the measures they deem appropriate for the surveillance and control of their workers. This in order to verify that they adequately comply with their labor obligations and duties.
10. Digital disconnection
Teleworkers have the right to disconnect digitally outside working hours. This leads to the limitation of the use of technological means of business and work communication during rest periods.
Also, the company must respect the maximum duration of the working day.
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Now that you know the practical and legal keys of the Telework Law in Spain, you will know how to apply it correctly in your company with your employees. If you want fiscal and legal advice to apply it, do not hesitate to contact our professionals at TAS Consultancy. Ask for a complete consultancy through tasconsultoria@tas-sl.es.
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