{"id":2092,"date":"2022-01-05T09:48:49","date_gmt":"2022-01-05T08:48:49","guid":{"rendered":"https:\/\/odiceabogados.com\/?p=2092"},"modified":"2023-08-28T14:34:04","modified_gmt":"2023-08-28T13:34:04","slug":"ley-de-teletrabajo-en-espana","status":"publish","type":"post","link":"https:\/\/odiceabogados.com\/en\/ley-de-teletrabajo-en-espana\/","title":{"rendered":"Telework Law in Spain: how does it affect you?"},"content":{"rendered":"

In this article, you will find information about the new Telework Law in Spain, the Ley de Trabajo a distancia – Ley 10\/2021, de 9 de julio<\/a> published in the BOE on 10 July 2021 and which came into force on 11 July of the same year, except for final provision 1\u00aa.2 (relating to the modification of art. 40 LISOS), which came into force on 1 October 2021: who is affected, what is it for, what are its limits and much more, below.<\/p>\n\n\n\n

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The declaration of a state of alarm in Spain as a result of the COVID-19 pandemic brought about changes in all areas of life. Surely you remember the proliferation of regulations established by the government and the immediate measures taken by organisations in response. Well, today we can affirm that many of them are here to stay and a clear example of this is the teleworking:<\/strong> its practice has increased from 4% (2020) to 35% (currently) at the national level.<\/p>\n\n\n\n

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But first... What is telework?<\/h2>\n\n\n\n

Article 2 of Law 10\/2021 sets out the differences between telecommuting, teleworking and face-to-face work: <\/p>\n\n\n\n

(a) 'teleworking' means a form of work organisation or performance of work under which work is carried out at the worker's home or at a place chosen by the worker, for the whole or part of the working day, on a regular basis.<\/p>\n\n\n\n

(b) \"telework\" means remote work carried out through the exclusive or predominant use of computer, telematic and telecommunication means and systems.<\/p>\n\n\n\n

(c) 'on-site work' means work performed at the place of work or at a location determined by the employer.<\/p>\n\n\n\n

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Telework Law: which workers are affected?<\/h2>\n\n\n\n

Law 10\/2021 applies to employees, i.e. those employment relationships included in Article 1.1 of the Workers' Statute. However, in order to be considered as teleworking or remote work, the worker must perform at least one 30% of their day in this mode,<\/strong> for a period of three months - or the equivalent percentage depending on the duration of their contract.<\/p>\n\n\n\n

Therefore, if we apply the law to a hypothetical case in which the working day is five days, the worker must work remotely for at least one and a half days (five days x 30%).<\/p>\n\n\n\n

A separate mention should be made for contracts concluded with under-age workers, with internship contracts and training contracts. In this case, the time is extended to 50% of the total working day; in other words, teleworking is possible if at least 50% of the working day is in person. <\/p>\n\n\n\n

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Is teleworking mandatory?<\/h2>\n\n\n\n

The answer is no: teleworking is not compulsory,<\/strong> but voluntary, both for the company and for the worker. Therefore, if the worker does not wish to carry out his or her activities remotely, this does not imply grounds for dismissal, nor does it affect his or her salary, stability, working hours, promotion or professional training.<\/p>\n\n\n\n

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Telework agreement<\/h2>\n\n\n\n

Law 10\/2010 states that after reaching an understanding between the worker and the company, an agreement must always be signed.<\/p>\n\n\n\n

This agreement can be written into a first contract or at a later point in time (annex), but always before the start of the telecommuting, and it must contain the conditions of the telecommuting. Otherwise, the company exposes itself to the risk of sanctions <\/strong>ranging from \u20ac70 to \u20ac150 for minor penalties, and from \u20ac751 to \u20ac225,018 for serious and very serious penalties.<\/p>\n\n\n\n

Therefore, the agreement for teleworking or telecommuting is obligatory <\/strong>and must reflect the conditions, rights and obligations of the worker and must be made in writing on an individual basis. Once it has been signed, the company must deliver a copy of all the agreements to the workers' legal representative within 10 days, who will sign to record the delivery. Finally, it will be sent to the employment office (SEPE).<\/p>\n\n\n\n

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Rights and Obligations in Telework<\/h2>\n\n\n\n

The Act includes a number of rights to be guaranteed to remote workers. Among them, it states that:<\/p>\n\n\n\n