On September 22, the new telecommuting regulations were regulated by Royal Decree-Law 28/2020, of September 22. Approximately three months have passed for the Government, employers and unions to agree on the new regulation of the Distance Work Law. Thanks to this Royal Decree, there will be a development of the figure of Teleworking. Until now it was regulated in the Workers’ Statute, but in a very generic way. This new regulation, however, recognizes the great importance of collective bargaining.
WHAT ARE THE KEY POINTS OF THIS NEW REGULATION?
SCOPE OF APPLICATION:
Article 1 of this Royal Decree-Law establishes that remote work is work performed at the employee’s home or at a location of the employee’s choosing—for the entire workday or part of it—“on a regular basis.” The Royal Decree-Law defines “on a regular basis” as work performed, over a three-month reference period, for a minimum of thirty percent of the workday, or the equivalent proportional percentage based on the duration of the employment contract.
However, the Third Transitory Provision of the Royal Decree-Law establishes that as a consequence of the health containment measures derived from COVID-19, and as long as these are maintained, the ordinary labor regulations will continue to apply.
RIGHTS. SCHEDULE- DIGITAL DISCONNECTION
Employees who provide their services from the offices will have the same rights as those who do so remotely. Therefore, the same remuneration will be charged, respecting the professional group, level, position and functions. However, the company must guarantee a flexible schedule for its worker, respecting work and rest times. You must not only respect that but also the right of workers to unplug from work tools outside of working hours.
WRITTEN AGREEMENT. VOLUNTEER NATURE:
Remote work will be voluntary and must be agreed in writing. This implies that both the company and the employee agree in writing to carry out the work remotely. Said agreement may be signed together with the contract or later. The important thing is to sign before doing the work from our homes.
What does it mean to be a volunteer? That, if as a worker you consider that you do not want to work remotely, the company cannot force you. This implies that not telecommuting cannot be cause for dismissal.
An important issue to highlight is that the expenses of equipment, work tools and means for the performance of the work activity will be compensated by the company.
All these are the key aspects of the new remote work regulations (Royal Decree-Law 28/2020, of September 22, 2020).
ANNA NICOLAS TORAN
Attorney at Martínez Caballero Abogados
