Teleworking is a reality in Spain. And it is that more and more people want to take advantage of this model that allows them to work from the comfort of home, without having to go to the company on a daily basis. But what does the law say about respect? We are going to focus on analyzing Royal Decree Law 28/2020 and Law 10/2021, resolving all the doubts you may have.
The courts have had to enter into several company-employee conflicts on this issue. Anyone cannot request 100% teleworking. The case in court rejected teleworking for a mother because the father could go to pick up her son from school. So, it is normal for different doubts to appear.
But what do we understand by teleworking? Telecommuting, also known as remote work or remote work, refers to a work 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 duties from their homes, coworking spaces, or other convenient locations.
Telecommuting is possible thanks to information and communication technologies, such as computers, the Internet, email, collaboration software, and videoconferencing. These tools allow employees to communicate, collaborate, and access the resources they need to carry out their tasks without being physically present in the office.
What is teleworking for the law?
This law that we mentioned received the name of the Distance Work Law, considering teleworking to work activities in a dependency relationship that are completed during a stipulated time according to the type of worker’s contract. Thus we find the first key: the type of contract that the employee has.
This standard also tells us that said work must be carried out remotely, or what is the same, outside the usual office. It does not say anything about what should be done from the worker’s home, leaving the door for people to work from shared spaces such as a coworking or from another country, if they so consider.
Who does the Telework Law affect?
As we have mentioned before, everything will depend on the type of contract you have. For example, for general contracts, teleworking time must be equivalent to 30% of the total day for 3 months. In other words, the employee must work remotely for at least one and a half days.
On the other hand, for internship contracts, the time is extended up to 50%. Even so, this Teleworking Law does not establish an obligation but rather leaves this issue in the air. For remote working to take place there must be a will between the two parties. But watch out! Yes, there are penalties for teleworking without a written contract.
And what happens if the teleworker does not want this remote modality? The Teleworker Law states that it is not a cause for dismissal, just as your salary, hours, promotion or professional training cannot be touched.
How to control the schedule in teleworking?
The Teleworker Law indicates that flexible hours are mandatory. However, the company may require certain times of availability. This can be done through time slots that the workers will then respect.
So what about the time stamp? The time control or transfer system is still in force. How to do it if the employees are at home? Today there are numerous platforms or tools that allow your workers to clock in without any problem.
Another issue included in this new law is the right to digital disconnection. This rule prevents managers from contacting their employees outside of working hours to discuss day-to-day matters. Failure to comply with this action can have serious consequences for companies.
Companies also have a cost associated with this practice, and that is that they must pay the worker all the expenses associated with teleworking. On the one hand, you must provide all the equipment and tools to your employees, but there must also be a plus for electric power and WiFi.
What are the rights and obligations of teleworking?
Initially, workers who use the remote modality have exactly the same rights and obligations as those who do it in person. Equal access and non-discrimination based on religion or gender must be promoted. So, everything is exactly the same.
One issue that has generated a lot of debate is that this Telework Law prohibits layoffs, but this is not the case. What this law promotes is job stability. The aim is to create a more stable job that allows employees to develop their lives and get involved in projects on a personal level.
Checklist to avoid sanctions for breaching this law
Failure to comply with this law can be expensive for the company, since the fines can range from 70 to 225,000 euros. Therefore, you must know this law in depth and comply with the requirements it imposes. Next, we show you a series of requirements that you must meet:
- Teleworking is considered any activity that is carried out outside the office.
- Everything must be signed in writing.
- The teleworker has the same rights as a face-to-face worker.
- Their adequate protection in terms of social security and health will be guaranteed,
- They will have the right to collective representation.
And what should the contract include? The next:
- Inventory of transferred means and equipment
- Associated costs (electricity and WiFi, for example)
- Hours and type of working day
- Percentage and distribution of the working day (which days are teleworked)
- Address of the workplace
- Address where you work remotely
- Monitoring means if any
- notice periods
- Protocol in case of technical difficulties
- Agreement Duration
- Personal data protection
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