On October 13, 2020, the new telework regulation introduced by RD Law 28/2020 (BOE 09-23-2020) comes into force.

This norm arises from a tripartite agreement between the Ministry of Labor, the Employers’ Association and the Unions, whose contents include the following key points:

-It must be regular, understanding as regular remote work the loan a minimum of 30% of the working day during a reference period of 3 months.

-Distance work for minor workers and training contracts is also regulated, establishing a minimum percentage of 50% for the provision of face-to-face services.

-Voluntariness of distance work by both the worker and the company. However, the company may be forced to accept requests for remote work according to the provisions of art. 34.8 of the Workers’ Statute, if they lack organizational reasons to deny it.

-The companies must provide workers who provide their services remotely with all the means, equipment and tools necessary for the development of their activity, thus guaranteeing precise attention in the case of technical difficulties.

-The company is required to formalize an individual agreement specifying a minimum content: inventory of means, expenses, hours and availability rules, distribution of time at a distance and in person, work center where the worker is assigned, workplace to distance from the worker, notice period for change of modality, means of control of the company, procedure for technical incidents, instructions regarding data protection and information security, etc. This agreement will be reversible for both parties, being in any case the provisions of collective bargaining or, failing that, the provisions of the agreement itself.

-The company must defray or compensate the expenses incurred by the worker in the development of remote work. The worker should not assume any expenses related to the equipment, tools and means linked to the development of their activity. The norm foresees the participation of the workers’ representatives to negotiate with the company the cost compensation policy.

-Principle of equality and non-discrimination regarding face-to-face work.

-Prevention of occupational risks: evaluation and planning of activity in the work area with a report and the worker’s permission.

-Telework derived from Covid 19, which is governed by ordinary law, is excluded from the rule.

The RD Law that comes into force on October 13, provides that previous collective agreements and agreements are preserved during their validity or for a maximum of one year from the publication of the RD Law, extendable to 3 years. A period of 3 months is granted to adapt the individual agreements of the workers.

For more details on this, please contact our Labor Department.