The new regulation for teleworking in Spain, approved on September 22nd and agreed with employers and unions, comes into force on Tuesday.
The Royal Decree Law includes the rules that will govern teleworking in Spain. The implementation has been accelerated by the covid-19 pandemic, since up until now there was no specific regulation.
“Fundamental rights are preserved,” Minister of Labour, Yolanda Díaz flagged. She considers the approval of this regulation as the starting point for “a wave of reforms” for a 21st century labour market.
The text of the regulation, which is the result of extensive negotiations, will not apply to remote work deployed due to COVID-19, apart from the issue of necessary measures.
So companies are obliged to provide the means, equipment and tools, as well as their maintenance. Meanwhile, it will be left up to collective bargaining, without establishing any obligation in this case, to compensate or not the expenses and how to do that.
For teleworking not linked to Covid-19, the regulation sets out the need for an agreement with the employee who will work remotely for more than 30% of the week for a period of three months. And in this case, the employer has the obligation to pay expenses the employee may incur.
It also establishes that telecommuting will be voluntary and reversible for both the employee and the company. Furthermore, it will not be detrimental in terms of the rights for those who do it compared to other workers. For example in terms of issues like remuneration, job stability, working time, training and professional promotion.
The Royal Decree Law also regulates the right to digital disconnection or data protection. And during teleworking, the working day should still be recorded.
