international employment law firm alliance L&E Global
Spain

4. Teleworking

Policies and procedures for telework once the business reopens.

  • Work from home is one of the priority measures that the government has established to address the impact of COVID-19 and must be a priority over temporary termination or reduction of activity. On an exceptional basis, in order to implement remote work, the risk evaluation of the workplace will be done by a self-evaluation carried out voluntarily by the worker himself.
  • In any case, when employees work-from-home due to COVID-19, the employer must guarantee that the measure should be temporary and extraordinary, and must be therefore reversed when the exceptional circumstances (COVID-19) cease to occur and must be in compliance with labour law and the applicable collective agreement. However, the Statute of Workers establishes that if teleworking wasn’t put in place as a temporary measure in the employment contract, the employer must have a written agreement in with its employees. The measure must not involve a reduction of rights in health and safety or a reduction in professional rights (salary, working day - including the registration of the working day which should keep to be registered-, breaks, etc., and companies must guarantee the necessary measures in order to be able to work from home. Work-from-home employees should not be required to cover costs for the necessary technical services of teleworking
Any questions

Ask our member firm Suárez de Vivero in Spain