What is the Teleworking Law in Spain?
By remote work we mean work that is carried out outside the company's usual premises. Teleworking, on the other hand, can be considered a subgroup of remote work, including the Internet and new technologies as key elements for its development.Teleworking also means having a suitable space in which to carry out work activities. A good desk, an ergonomic chair that prevents back pain and proper lighting will be essential to be able to perform at your best, even remotely.
The Teleworking Law in Spain came into force on July 9 with Law 10/2021 . It establishes a regulatory framework for teleworking, with the aim of guaranteeing workers' rights and promoting their work-life balance .
Teleworking Law: summary
This would be a summary of the main aspects included in the Teleworking Law in Spain.- Teleworking must be voluntary and reversible for the worker.
- The employer must provide the necessary means to carry out the work activity remotely.
- Obligations are established regarding occupational health and safety, data protection and the right to digital disconnection.
- A three-month period has been established for the adaptation of contracts and working conditions to the new regulations.
- The law applies to all types of contracts, including temporary and fixed-term workers.
- Guarantees are established to avoid discrimination between workers who carry out their work activity in person and those who do so remotely.
- Specific measures are established for time control and compensation of expenses arising from teleworking.
- Training in digital skills and abilities necessary for remote work performance is promoted.
Key points in the new teleworking law in Spain
Who is affected by this new law?
The Law affects all workers who carry out their work activity remotely . This will be considered as such when the employee works remotely for at least 30% of his working day during a period of 3 months. The rights of workers who choose to work remotely do not differ from those who opt for in-person work, “ including remuneration, job stability, working hours, training and professional promotion.”Likewise, it affects all companies that have employees who work remotely . These companies are obliged to provide their employees with the means, equipment and tools necessary to be able to carry out the activity.
Working hours
The law establishes that flexible working hours are necessary and mandatory . However, companies can set certain hours during which the worker must be operational and available.The registration of the hours worked by the person who performs the work activity is an essential requirement . In this sense, the law says “ The time recording system regulated in article 34.9 of the Workers' Statute, in accordance with the provisions of collective bargaining, must faithfully reflect the time that the worker who performs remote work dedicates to the work activity ”
Disconnection from work
The employee's leisure time and right to disconnect is explicitly protected by the law that establishes the right to digital disconnection. The line between work and personal life must be kept clear, and this is determined by the law.In this sense, it is advisable to be able to separate the physical space in which one works from the space in which one develops one's personal life . Being able to count on a chair that prevents back pain and other muscular discomfort, a good table and proper lighting will be essential to carry out work activities in an optimal manner.
Control and surveillance
The law raises the possibility that companies can adopt control and surveillance measures to ensure that their employees comply with their work obligations. It allows the installation of programs or applications on devices that serve to monitor this.In addition to what the law dictates, as an employer, there are some guidelines that can be put into practice to help monitor employee performance.
- Define the teleworking agreement well
- Provide employees with the necessary tools to carry out their activities
- Determine very clear objectives
- Conduct follow-up meetings
- Have time measurement systems
Obligations of the worker and the company
According to the law, employees who work remotely have the same rights and obligations as those who work in person.As for the company , it is obliged to provide its employees with the means, equipment and other tools required for remote work, such as a laptop, and also to ensure its maintenance. This material must be clearly defined in the remote work agreement. In this sense, employers who do not provide the necessary material defined in the agreement will face sanctions of up to €7,500 . In addition, it is established by law that workers have the right to privacy when using digital devices provided by the company.
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