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Compliance and teleworking: The business challenge

Teleworking is booming, the expansion of the pandemic and the necessary containment measures has meant that a large percentage of workers carry out their professional activity in the form of teleworking.

What really is teleworking?

Teleworking is remote work that is carried out through the exclusive or prevalent use of computer, telematic and telecommunications means and systems.

From a business point of view, this way of working requires a new restructuring, since the code of conduct must also be complied with, even if the work is being done from home. Teleworking management is a challenge for companies that must ensure productivity, but also the safety of its workers.

Factors to control

You have to control factors such as worker productivity, maintenance of computer equipment, compliance with work schedules and guaranteeing that means are available to maintain the confidentiality of the activities carried out. All of this requires specific internal regulation, since companies with this type of work have lost the capacity for direct supervision.

The companies

They must take into account the legislation applicable to teleworking and currently article 13 of the Workers' Statute is insufficient to apply it to the current needs of teleworking, which requires continuous use of new technologies.

In Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, we can find a set of rights related to the use of devices in the workplace such as:

  • The right to privacy and use of digital devices in the workplace
  • The right to digital disconnection

Royal Decree-Law 28/2020, of September 22, on remote work highlights several key areas regarding:

  • Minimum health and safety conditions
  • Working time
  • Predictability and transparency in working conditions

Nobody can deny that teleworking has benefits both for the organization and for the workers, but also disadvantages regarding data protection, security breaches, continuous hours, greater work isolation, among others. For all this, it is recommended to establish a protocol for those business activities that can be carried out through teleworking.

Legal Counsel & Compliance IBERIA in Athlon - Mercedes-Benz AG Group

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