Spain: Remote Work Regulated for the First Time

The Spanish government has recently enacted a new legal text regulating remote work, (Royal Decree Law 28/2020, of 22 September). This new regulation foresees a series of obligations and rights, recognised to both companies and employees, regarding flexible working hours, IT systems and data protection, among others.

According to the new Royal Decree Law 28/2020 of 22 September, its provisions will be applicable to employees who fulfil the requirements set by the law: at least 30% of working hours are remote within a period of 3 months, or the equivalent proportional percentage based on the duration of the contract.

However, there are limitations. Regarding apprenticeships and training contracts, remote work agreements shall not be established if face-to-face work is less than 50% of the working time.

Remote work shall be voluntary for both the employee and the employer and it cannot be imposed; to the contrary, it requires an agreement with the employee. In any case, remote work must be formalised in writing either at the beginning or during the employment relationship. The mandatory minimum content of the remote work agreement is:

• list of resources, equipment and tools that remote work requires, as well as their lifespan and renewal term.
• list of the expenses borne by the worker arising from the situation of remote work.
• quantification of the mandatory compensation paid by the company, as well as the time and manner of carrying it out.
• rules regarding the employee’s working hours and availability.
• percentage and distribution between remote and face-to-face work.
• workplace for the provision of face-to-face services to which the worker is assigned.
• location from which the worker will provide the services via remote working.
• prior notice for the exercise of reversibility.
• company’s control mechanisms.
• procedure to follow in the event of technical difficulties that prevent normal performance of remote work.
• instructions on data protection issued by the company, with the participation of the Workers’ Legal Representatives.
• instructions on security of the information issued by the company, of which the Legal Workers’ Representatives must be informed.
• term of the agreement.

Finally, the aforementioned Royal Decree Law recognises a set of rights for employees, among which, the right to payment and compensation of expenses, right to flexible hours in the terms of the agreement, right to an appropriate time registration and right to digital disconnection, stand out.

For more information on these articles or any other issues involving labour and employment matters in Spain, please contact Iván Suárez (Partner) of Suárez de Vivero at isuarez@suarezdevivero.com or visit www.suarezdevivero.com.