Key points of the Telework Law in Spain

In the wake of the healthcare crisis in 2020, the number of people working remotely has grown exponentially. exponentially. Until then, this type of work was only applied to very specific sectors. This shift has led to the This shift has led to the emergence of new legislation to regulate it: the Telework Law in Spain.

 

What is the Telework Law in Spain?

By remote work we mean work that is performed away from the company's usual premises. On the other hand, teleworking telework can be considered a subgroup of telecommuting, including the Internet and new technologies, as key elements for its development.

 

Teleworking also implies being able to count on an adequate adequate space in which to carry out the work activity. A good desk, an ergonomic ergonomic chair that avoids back pains and a correct illumination, will be fundamental to be able to perform to the maximum, also at a distance.

 

The Telework Law in Spain came into force on July 9 with the Law 10/2021. It establishes a regulatory framework for teleworking, with the aim of to guarantee the rights of workers and promote their work-life balance..

 

Telework Law: summary

This would be the summary of the main aspects included in the Telework Law in Spain.

• Telework should be voluntary and reversible for the worker.
• The employer must provide the necessary means to carry out the work activity remotely.
• Obligations regarding occupational health and safety, data protection and the right to digital disconnection are established.
• A period of three months is established for the adaptation of contracts and working conditions to the new standards.
• The law applies to all types of contracting, including temporary and permanent employees.
• Guarantees are established to avoid discrimination between workers who work in person and those who work remotely.
• Specific measures are established for time control and compensation of expenses derived from teleworking.
• It promotes training in digital competencies and skills necessary for the performance of remote work.

Key points in the new telework law in Spain

 

Who is affected by this new Law?

The Law affects a all workers who perform their work activity at a distance.. It will be considered as such when the employee works remotely at least 30% of his working day during a period of 3 months.

The rights of the workers who choose to telework, do not differ from those who opt for the face-to-face form ", including remuneration, job stability, working time, training and professional promotion".including remuneration, job stability, working time, training and career advancement."

 

Likewise, it affects all the companies that have employees who use the telework modality.. These have the obligation to provide their workers with the necessary means, equipment and tools to be able to develop the activity.

 

Working hours

The law determines that flextime is necessary and mandatory. However, companies may set certain hours in which the employee must be operational and available.

 

The recording of the hours worked by the person performing the work activity is an indispensable requirement.. In this sense, the law states "The time recording system regulated in article 34.9 of the Workers' Statute, in accordance with the provisions of collective bargaining, must faithfully reflect the time that the worker who performs telecommuting work dedicates to the work activity"

 

Disconnection from work

The worker's leisure time and right to disconnection is explicitly protected by the law that establishes the right to digital disconnection.The right to digital disconnection is established by law. The line between work and personal life must be kept clear, and this is determined by the law.

 

In this sense, it is it is advisable to be able to separate the physical space in which one works from the space in which one's personal life is carried out.. To be able to have a chair that avoids back pains and other muscular and other muscular discomforts, a good table and a correct lighting, will be fundamental to carry out the work activity in an optimal way.

 

Control and surveillance

The law provides for the possibility that companies may adopt control and surveillance measures to ensure that their employees comply with their labor obligations. control and surveillance measures to ensure that their employees comply with their labor obligations. It allows the installation of programs or applications on devices, which are used todevices, which can be used to monitor this.

 

In addition to what the law dictates, as an employer, there are some guidelines that can be put into practice to help monitor performance. guidelines can be implemented to help monitor employee performance. performance.

• Define well the telework agreement
• Providing employees with the necessary necessary tools for the development of their activity
• Determine very clear very clear objectives
• Conduct follow-up meetings
• Have in place systems for time measurement

Obligations of the employee and the company

According to the law, employees employees who perform their work remotely have the same rights and obligations the same rights and obligations as those who face-to-face mode.

 

As for the companyis obliged to company is obliged to provide its employees with the means, equipment and other tools required for remote work, such as a laptop computer, also guaranteeing its maintenance. This material must be well defined in the telecommuting agreement. In this regard, employers who do not provide the material required for telecommuting, such as a laptop, must ensure that it is maintained.Employers who do not provide the necessary equipment defined in the agreement, will face penalties of up to 7,500 euros..

In addition, it is established by law that workers have the right to privacy in the use of in the use of digital devices provided by the company.

 

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