On September 22, the new regulations on remote work were established through Royal Decree-Law 28/2020 of September 22. It took approximately three months for the Government, employers’ associations and trade unions to reach an agreement on the new regulation of the Remote Work Act. Thanks to this Royal Decree, the concept of teleworking will be further developed. Until now, it was regulated in the Workers’ Statute, but only in very general terms. This new regulation, however, recognises the great importance of collective bargaining.
WHAT ARE THE KEY POINTS OF THESE NEW REGULATIONS?
SCOPE OF APPLICATION:
Article 1 of this Royal Decree-Law establishes that remote work is that which is performed at the employee’s home or at the place chosen by her, for all or part of her working day, “on a regular basis”. The Royal Decree-Law defines “regular basis” as work performed, over a reference period of three months, for at least thirty percent of the working day, or the equivalent proportional percentage depending on the duration of the employment contract.
However, the Third Transitional Provision of the Royal Decree-Law establishes that, as a consequence of the health containment measures arising from COVID-19, and for as long as they remain in force, ordinary labour regulations will continue to apply.
RIGHTS. WORKING HOURS – DIGITAL DISCONNECTION
Employees who provide their services from the office will have the same rights as those who do so remotely. Therefore, the same remuneration will be paid, respecting the professional group, level, position and duties. However, the company must guarantee flexible working hours for its employee, respecting working and rest periods. Not only must it respect this, but also the workers’ right to disconnect from work tools outside working hours.
WRITTEN AGREEMENT. VOLUNTARY NATURE:
Remote work will be voluntary and must be agreed in writing. This means that both the company and the employee will agree in writing to perform remote work. This agreement may be signed together with the contract or afterwards. The important thing is to sign up before doing the work from our homes.
What does it mean for it to be voluntary? It means that, if as an employee you consider that you do not wish to work remotely, the company cannot force you to do so. Ello implica que el no teletrabajar no puede ser causa de despido.
Una cuestión importante que destacar es que los gastos de equipos, herramientas de trabajo y medios para el desempeño de la actividad laboral, serán compensados por la empresa.
These are all the key aspects of the new remote work regulations (Royal Decree-Law 28/2020 of September 22, 2020).
ANNA NICOLAS TORAN
Lawyer at Martínez & Caballero Abogados
