Articles of interest

Telework law: all about the work from home law

Telework Law

The new law for working from home, also known as the telework law, is the one that establishes and regulates remote working. It is set out in Royal Decree-Law 28/2020, and formalises that work activities can take place in private homes, as well as in common spaces such as co-workings or cafeterias. The telework law came into force on 13 April 2021, with the aim of reducing the mobility of certain workers in the fight against Covid-19.

To whom does the telework law apply?

This telework law defines a teleworker as a person who provides a minimum of 30% of the working day remotely within a period of 3 months, or the proportional percentage according to the duration of his or her employment contract. Therefore, those who simply work from home on a discontinuous and undefined basis do not belong to this group of workers.

For those workers who are minors or under a traineeship contract, only 50% of the working day is considered as teleworking. In addition, it should be noted that all teleworkers have the same rights as any other teleworker who carries out his or her activities in person.

Obligations under the telecommuting law

The new telework law states that:

  • The telecommuting agreement must be in writing and incorporated into the employment contract.
  • The company must provide a copy of the telework agreements that are made to the workers within 10 days of their formalisation. Once delivered, it must be sent to the employment office.

Advantages of flexible working

The new telework law envisages several advantages of providing flexible remote working to employees, apart from the reduction of mobility under Covid-19 conditions. These are some of the ones that the BOE RD-Law 28/2020 contemplates:

  • Flexibility in working hours and breaks.
  • Self-organisation for work-life balance.
  • Savings in office and travel costs.
  • Increased employee engagement and improved employee experience: better attraction and retention, and reduced absenteeism.

Right to digital disconnection

Although it is one of the advantages of being able to organise one's work-life balance, it is true that the law on teleworking also emphasises the worker's right to digital disconnection. To this end, the company must ensure that the worker can disconnect and cut off business communication during their rest periods, and that the maximum length of the working day is respected.

To this end, the company should develop an internal policy defining the right to disconnect, and training and awareness-raising for staff on the risk of burnout due to computer fatigue.

Obligation to work remotely

The new telecommuting law also states that telecommuting is not compulsory, but voluntary. Therefore, the different aspects of remote work must be agreed upon by the company and the worker. These aspects that must be detailed in writing in the worker's contract are:

  • The inventory for the development of telework
  • The list of the teleworker's costs for providing these services
  • Working hours and availability rules
  • The percentage and distribution of face-to-face and distance work
  • The company's place of work and where the remote work takes place
  • Duration of notice in case of reversibility
  • Means of corporate control
  • Procedure in case of difficulties impeding the normal development of teleworking
  • Information security instructions
  • The duration of the agreement

Amendments to the LISOS

With the adoption and implementation of the teleworking law in favour of a remote working modality, there are several changes that have been made to the Law on Infringements and Sanctions in the Social Order (LISOS) as a consequence. The penalty tables have been modified, comprising a range of between 70 euros at the lowest level and 225,018 euros at the highest level. These modifications will enter into force on 1 October 2021.

Without a doubt, the telecommuting law presents a new challenge for companies to manage remote employees. Linking employees and keeping track of their performance can be a challenge that only HR software can solve. Do you want to know more about how to optimise the management of your remote employees? Request a free demo at niikiis: the HR software for SMEs.


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