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The new remote work law

The pandemic caused by Covid-19 has brought about many transformations and challenges for the labor market, one of the big changes has been the growth in the number of workers that They carry out their work remotely.

That is why the government has developed the new remote work law  which is valid from July 11, 2021.

Below we will try to develop the main aspects of this new legislation.

What is remote work?

The new law establishes that it is a form of organizing work or carrying out work activity according to which this, It is provided at the home of the worker or at the place chosen by him or her., during their entire day or part of it, on a regular basis.

The new legislation also defines the concept of telecommuting like remote work through information systems.

the new remote work law

Which workers are affected by the remote work law?

The law applies to workers in the general regime who carry out remote work or teleworking at least one 30% of his day in a reference period of 3 months or proportional percentage depending on the duration of the contract.

For employment contracts with minors and in internship contracts and for training and apprenticeships, You can telework as long as a minimum of 50% per day is guaranteed in person.

Is teleworking mandatory?

Remote work will be voluntary for the working person and for the employer yrwill require the signing of the agreement remote work regulated by the new law.

The remote work agreement will be made in writing, either through the initial contract or subsequent document, always before remote work begins. This agreement must also be sent to the SEPE.

What is the minimum content of the remote work agreement?

The new law establishes the minimum content of the remote work agreement to be formalized:

  • Inventory of the equipment required to work remotely.
  • Enumeration of expenses and quantification of compensation of expenses derived from remote work and when it must be paid.
  • Schedule work and availability rules.
  • Percentage and distribution between in-person and remote work.
  • Workplace where I develop the face-to-face part of the day.
  • Place from where you will work remotely.
  • Notice periods for the exercise of reversibility situations.
  • Procedure in case of technical difficulties that prevent work.
  • Control means business of the activity,
  • Instructions issued by the company, after consulting the representatives, for the data protection and information security specific for remote work.
  • Duration of the agreement.

Right to digital disconnection

People who work remotely, particularly teleworking, They have the right to digital disconnection outside of their working hours in the terms established in article 88 of Organic Law 3/2018, of December 5.

Sanctions related to remote work

The new legislation establishes new sanctions and violations in matters of labor relations and employment and prevention of occupational risks.

If, for example, the employer refuses to provide the necessary material so that the remote worker can carry out his or her activity, this fact can be considered a serious infraction and the penalty would range between €751 and €7,500.

Teleworking is already a reality in Spain and with this new legislation a great step is taken and a new panorama opens for companies and professionals in our country.

Labor advisor at Asinte International Advisory Office

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