The New Teleworking Regulations in Spain

Introduction

Teleworking has experienced an unprecedented boom in recent times, especially with the changes brought about by the pandemic. In this context, it is crucial to understand the new regulations governing this type of work in Spain. In this article, ILP Abogados offers you a complete guide to understand the most relevant legal aspects of teleworking.

Spanish regulations on telecommuting

Telecommuting is regulated in Article 13 of the Workers’ Statute. Currently this article does not contain any express regulation, referring to Law 10/2021 on teleworking.

Telecommuting, before the pandemic, responded to different needs than those currently regulated. Teleworking was practically a marginal activity. Today, teleworking is seen as space and cost saving. It is also seen as an advantage in reconciling work and family life, and can attract international talent.

New regulation has sought to regulate this form of work as a new vision of the employment relationship. Many collective agreements contain specific provisions on telework, adapting the general regulations to the particularities of each sector or company.

In this respect, the regulations distinguish between three forms of work development:

(i) Telecommuting: carrying out a work activity at the worker’s home or at a place chosen by the worker.

(ii) Teleworking: remote work carried out through the exclusive use of computer, telematic, etc. means or systems.

(iii) Face-to-face work: Work that is carried out at the workplace or at a place determined by the employer.

How should remote work be regulated? Basic rules

Telecommuting is voluntary for both the employee and the employer.

A remote working agreement must be signed between the employee and the employee. In the following section we define the basic terms of the agreement.

The decision to work remotely is reversible for both the employee and the employee.

The person working remotely is entitled to have adequate provision and maintenance of the means and tools for the development of the activity.

The expenses incurred by the worker for the development of remote work must be compensated by the company.

In any case, remote work must guarantee the following measures:

a) Reconciliation and co-responsibility in the development of work.

b) Social and labour rights of workers. This means providing workers with the necessary remedies against sexual harassment, discrimination or harassment at work.

c) No modification of conditions relating to pay, working time, promotion or vocational training.

Basic terms to be included in the telecommuting agreement

The agreement should be in writing and incorporated into the employment contract. The agreement should set out:

(a) inventory of the means, equipment, tools necessary to perform the telecommuting work;

b) the expenses that the worker may incur in carrying out the work;

c) working hours;

(d) percentage of telecommuting, if applicable;

(e) the place of remote working

(f) length of notice period for the reversibility of remote working;

(g) means of company monitoring of the activity

(h) the procedure to be followed in the event of technical difficulties preventing the normal performance of the work; and

(i) instructions on data protection (issued by the undertaking); and

(j) instructions on information security (issued by the undertaking)

(k) duration of the teleworking agreement

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Compensation of costs associated with teleworking

Under Spanish law, employers are obliged to compensate the expenses incurred by the employee as a consequence of teleworking, such as those related to the use of computer equipment, internet connection, electricity, among others.

In this sense, it is advisable to establish a clear agreement on what expenses will be reimbursed by the company and how this process will be carried out. Either through a fixed allowance or through the submission of invoices.

For both employers and employees, it is important to be aware of the tax implications of reimbursement for telework expenses, making sure to comply with the relevant tax obligations.

Conclusion

At ILP Abogados we understand the importance of adapting to new employment regulations, especially in today’s changing environment. Our team of experts in labour law is prepared to advise you on all aspects related to teleworking, ensuring compliance with current regulations and protecting your interests as an employer or worker.

Remember that law is not a commodity, and in legal matters it is essential to have a specialised and experienced service. Contact us today for more information and ensure your success.

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