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Remote Working Law in Spain: all you need to know

Ley del teletrabajo

The new Remote Working Law in Spain is the one that establishes and regulates the remote work modality. It is established in Royal Decree-Law 28/2020, and formalizes that work activities can take place at home, as well as in common spaces such as co-workings or cafés. The Remote Working Law in Spain came into force on April 13, 2021, with the aim of reducing the mobility of certain workers to fight against Covid-19.

To whom does the remote working law apply?

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

As for those workers who are underaged or under an internship contract, only which comprises 50% of the working day remotely will be considered as remote working. In addition, it should be noted that all remote workers have the same rights as any other remote worker who works at the office.

Requirements of the remote working law in Spain

The new remote working law in Spain states that:

  • The remote work agreement must be in writing and incorporated into the employment contract.
  • The company must deliver a copy of the remote work agreements that are being made to the workers within a period not exceeding 10 days from its formalization. Once delivered, it must be sent to the employment office.

Advantages of a flexible job

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

  • Flexibility in working times and breaks.
  • Self-organization for a better work-life balance.
  • Savings in office and commuting costs.
  • Greater commitment and improvement of the employee experience: better attraction and retention, and reduction of absenteeism.

The right of digital disconnection

Although being able to organize one’s work-life balance is one of the main advantages, it is true that the remote working law in Spain also emphasizes the worker’s right to digital disconnection. To this end, the company must ensure that the employee can disconnect and cut off from business communication during their breaks, and that the maximum duration of the working day is respected.

To this end, the company must draw up an internal policy defining the right to disconnection, and train and inform their employees of the risk of burnout due to computer fatigue.

The obligations of working remotely

The new remote working law in Spain also establishes that remote work is not mandatory, but a voluntary modality. Therefore, the different aspects of remote work must be agreed upon by the company and the employee. These aspects that must be detailed in writing in the worker’s contract are:

  • The inventory needed to work remotely
  • The different expenses of the remote worker for providing these services.
  • The work schedule and the rules of availability
  • The percentage and distribution of face-to-face and distance work
  • The center of work of the company and where the remote work is carried out
  • Duration of the notice period in case of reversibility
  • Means of company control
  • Procedure in case of difficulties that prevent the normal development of teleworking
  • Instructions on the security of the information
  • Duration of the agreement

Modifications to the LISOS

With the approval and implementation of the remote working law in Spain in favor of a remote work modality, there are several changes that have been made to the Law on Infractions and Sanctions in the Social Order (LISOS) as a consequence. The penalty tables have been modified, comprising a range of between 70 euros in its minimum degree, and 225,018 euros in its maximum degree. These modifications will come into force on October 1, 2021.

Undoubtedly, the remote working law in Spain presents a new challenge for companies’ remote employee management. Linking employees and tracking their performance can be a challenge that only HR software can solve. Do you want to know more about how to optimize your remote employee management? Request a free demo at niikiis: the HR software for SMBs.

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