Remote Work Regulations: The Spanish Response

Spain happened to be among the first countries to go in full lockdown. Still today, social distancing regulations remain strict in all Spanish municipalities. No wonder then, that the country’s labor regulators have moved forward on distance working rules quite a lot and present a noteworthy case study.

On September 22, 2020, the new regulation on distance work in Spain was published in the Spanish Boletín Oficial del Estado. Until the arrival of the pandemic, there was no law that dealt with this issue exclusively, since the issue was simply addressed in article 13 of the Workers’ Statute. However, due to the new health related challenges the existing regulations became insufficient and needed specific regulation.

Undoubtedly, the global pandemic will forever change the future of work, and Spanish legislation has to adapt to the new circumstances of teleworking since now, 30% of the Spanish population works from home or from spaces enabled for these purposes.

Considering that teleworking is the future for a significant proportion of the Spanish population, it must always be developed with very close consideration to equal rights and opportunities and non-discrimination.

Another core principle is that remuneration within professional groups remain unchanged. Therefore, workers who decide to take advantage of this modality will not be able to undergo any modification in the conditions previously agreed on in terms of working hours or remuneration.

Teleworking: Official Definition

Teleworking is a mode of work where professional duties are performed exclusively or prevailingly by use of personal computer and telematic and telecommunication systems. In addition,  at least 30% of worktime has to be spent at home in order to be considered teleworking. In other words, a worker who works a day and a half from home can already be considered a remote worker.

Teleworking cannot be imposed by Spanish companies; it can only be done voluntarily  and must be formalized by means of a written agreement with the company, at the time of hiring or later on, but always before the start of teleworking.

In addition, it includes certain limitations: contracts with minors (16 and 17 years old) and internship contracts have to be carried out at least 50% from the workplace, since these include theoretical training.

The above regulation are designed for the post-pandemic times, once all the health crisis related restrictions are lifted.

Points To Be Covered In Agreement Between Employer And Teleworker

• Inventory of the means, equipment and tools required for the performance of remote work.
• List of expenses which workers may incur during their remote work and how they will be compensated by the company.
• Work schedule and availability rules.
• Distribution between face-to-face work and remote work.
• Company’s legal location, to which an employee is formally assigned.
• Means of control of the employee’s performance
• Duration of such agreement
• Defining employee’s primary place for out-of-office work

More Questions To Be Taken Into Account

Will it be necessary to have a control of start and end points of worktime?

Yes, just like in the case of traditional face-to-face work arrangements, there must be an adequate time recording system, which would reflect the exact timing that the worker who performs remote work dedicates to the professional activity.

What will happen to professional risk assessment?

The teleworking modality will require a great deal of attention to psychosocial, ergonomic and organizational factors. This risk assessment should only cover the area enabled for the provision of services, without extending to the rest of the areas of the home or the place chosen for the development of remote work. On the other hand, the company must obtain all the information about the risks to which the person who works remotely is exposed.

Right to privacy and data protection?

Currently there are very demanding regulations regarding these issues, and companies must be very careful not to take any action that violates said legislation. That is why the company may not require the installation of programs or applications on devices owned by the worker, or the use of these devices in the development of remote work.

Right to digital disconnection?

This is one of the biggest concerns workers have. The fear of an excess of technological equipment in their lives is also included in this law and it is the company that must guarantee an effective disconnection by limiting the use of business and work communication media during rest periods, as well as the respect to the maximum duration of the day.

Written by: Marina Cobas Garrido.