New regulations on remote work
On September 22, 2020, Royal Decree 28/2020, regulating various aspects of remote work, was published in the Official State Gazette. Below, we detail the most relevant aspects of this newly published legislation, which companies whose employees work remotely should consider:
- contracts signed with minors, in internships and in training must provide services in person, at least for 50% of the day.
- Prohibition of discrimination against workers who provide services remotely, ensuring equal treatment with respect to workers who provide services in person.
- Remote work will be voluntary for both the employee and the company.
- The formal obligation is established for remote work to be formalized through a written agreement that must contain, at a minimum: inventory of means and equipment, list of employee expenses and quantification of the compensation that the company must pay as a result of carrying it out, working hours, means of monitoring activity, company instructions relating to data protection and information security, duration of the agreement, among others.
- The development of remote work must be covered or compensated by the company, and may not involve the assumption by the employee of expenses related to the equipment, tools and means linked to the development of their work activity.
- Possibility of flexible scheduling, respecting breaks and working hours, while maintaining the obligation to record working hours.
- Workers who provide services remotely have the right to protection in matters of safety and health at work, in accordance with the regulations on Occupational Risk Prevention, through the assessment of risks and planning of preventive activity for this type of work modality.
- The right to digital disconnection is foreseen for workers who provide services remotely, and the company must establish an internal policy defining the exercise of the right to disconnect and the training and awareness actions of the staff on a reasonable use of technological tools that avoids the risk of computer fatigue.
- The company may adopt the measures it deems most appropriate for monitoring and control to verify the employee's compliance with their work obligations and duties, including the use of electronic means, ensuring due consideration for their dignity in their adoption and application.
- Remote work implemented as an exceptional measure due to COVID-19 health containment measures, and for as long as these measures remain in place, will continue to be governed by ordinary labor regulations. However, in all cases, the company will be obligated to provide the necessary resources, equipment, tools, and supplies required for remote work, as well as any necessary maintenance.
If you require further information or have any questions, please contact us via email at ambit@ambitassessor.com or at our offices.
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A graduate in Law from the University of Barcelona, she also completed a Master's degree specializing in Labor Law and Social Security at the Barcelona Bar Association. She began her professional career as an intern while studying and later joined the Navarro Law Firm as an employment lawyer, advising companies nationwide on labor law matters and representing them before the Labor Courts, the Labor Inspectorate, in conciliation proceedings, etc. In February 2017, she joined Àmbit Jurídic i Econòmic as a professional partner after extensive experience as an employment lawyer.
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