All you need to know about the Telework Law

Telework, a new modus operandi in companies

Before 2020, remote work was not a common practice. In fact, in Spain, only 10.9% of the working population exercised this modality in the professional sphere. These figures contrast with rates of over 23% in other countries such as the Netherlands and Finland. However, after the pandemic, these figures rose exponentially and increased the number of people teleworking in Spain to 3 million. Four years later, the number of 'teleworkers' remains above this figure.

But what is teleworking? It is a work modality in which people perform their professional activity away from the usual place, such as the office, and start working in other spaces such as, for example, their homes. To do so, they need to use a series of digital tools and technologies that allow them to complete their tasks in a comfortable and accessible way. It differs from telecommuting in that, in the latter, the employee chooses where he/she wants to work from, while with teleworking, the employee needs a series of computer and telematic systems provided and managed by the company.

After the irruption of this new way of working, the Spanish Government took the decision to regulate this practice in order to establish a series of rules and protect both companies and individuals with the Telework Law.

The Telework Law

Law 10_/2021, of July 9, on telecommuting is a regulation approved in September 2020 and entered into force on July 11, 2021 that regulates the rules under which telecommuting is governed in Spain.

In addition to explaining the differences between the concepts of telecommuting, teleworking and face-to-face work, it details the rights and obligations of both companies and workers in the event of opting for this modality. It also indicates what expenses companies must cover and the penalties in the event of non-compliance with this law.

It is a regulation approved in September 2020 and came into force on July 11, 2021 that regulates the rules under which teleworking is governed in Spain.

Its entry into force was a turning point in the professional activity of many workers, since it regulated a form of work already widespread in other countries of the world and which in Spain, after the outbreak of the pandemic in 2020, had gained much weight.

Key aspects of the Telework Law

As you have already seen, the Telework Law indicates the guidelines to follow so that both companies and workers can continue developing their activity through this practice. In this way, the regulation indicates that:

1. This law affects all persons who carry out their activity through this practice. It will be considered teleworking when the remote work of an employee reaches at least 30% of their working day in a period of 3 months.
2. The working hours must be agreed upon by the company and the employee, with the possibility of opting for a flexible schedule, which, as in the rest of the companies, must be registered.
3. The expenses associated with this modality shall be borne by the company, such as the equipment necessary to carry out the activity, maintenance costs or the corresponding part of the electricity and internet expenses.
4. Workers have the right to digital disconnection. That is to say, the company must respect the rest hours of its employees even if they can access their equipment. In addition, the law states that companies cannot force workers to install programs or carry out activities with their personal devices.
5. Companies may monitor the activity of their employees, respecting their privacy and honor, for example, through management applications, time control systems or evaluation programs.
6. Both employees and companies must take care of the equipment and safety at all times, facilitating access to the prevention of labor resources and committing themselves to develop their activity.

In addition, the Telework Law indicates that there cannot be any difference between face-to-face or distance work, thus eliminating the possible advantages or disadvantages of one modality or the other. The aim of this regulation is to regulate a new way of working that benefits both individuals and companies by adapting to the needs of the current stage in which we live.

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