The new remote work law was created to regulate the conditions under which we are currently working from home. Teleworking was already briefly regulated in article 13 of the Workers' Statute, although it was rarely practiced in most companies. As a consequence of the pandemic, teleworking has been massively implemented and in some cases, regulations have been breached. Moreover, most of the time, the costs have been borne by the workers. For this reason, the regulation based on the European telework agreement established in 2002 was extended.
The new law came into force last October 2020 and defines telework as any work that reaches a minimum of 30% of the working day. The law makes it very clear that telework must be voluntary and agreed upon between the worker and the company, and aims to establish that rights and obligations are the same as those that exist in regular work. The conditions for telework must be put in writing and signed as a contract between the company and the worker.
Telework is by no means an obligation or an imposed work modality; whether the new rule affects you or not, what is clear is that telework is here to stay. Tasks through chat, video call apps, or in the cloud, it is a world full of possibilities.
What is telework?
According to the RAE, telework is "work performed from a location outside the company using telecommunication networks to fulfill assigned workloads."
That is, it is an activity carried out by the employee outside the company, either at home or in a workplace. At least 50% of the tasks performed by the employee must be outside the office. This way, the worker enjoys a better work-life balance.
On September 23, 2020, the Government distributed Royal Decree-Law 28/2020 on remote work in the BOE. Informally called the 'telework law', it came into power on October 13 and now controls the legitimate system of 'remote' labor connections. This raises numerous questions: what does remote work involve? Who bears the costs? How should professionals take advantage of the law? What about people currently working from home? In short, what if we go through it section by section? We will clarify each of the central issues.
Requirements established in the telework law
The law differentiates between 'remote work' and 'telework': 'remote work' is a work modality carried out at the worker's home or chosen location, for all or part of their working day, on a regular basis. 'Telework' is remote work carried out exclusively or predominantly using computer, telematic, and telecommunication means and systems.
For a worker to be covered by this regulation, they must perform 30% of their weekly working hours remotely for a period of three months, i.e., at least two days a week. This also means that professionals who work sporadically from home are not subject to this regulation.
Voluntary and reversible agreement
The law emphasizes that it is always a voluntary and reversible agreement. This means that, to be covered by the regulation, workers and the company must sign a remote work agreement that defines all the details: inventory of resources, schedule, availability, the percentage of telework hours, or activity costs, among others.
Neither a company can force an employee to telework, nor can a worker demand that the company adapt to telework. It is a mutual agreement between both parties which, furthermore, can be reversible at any time: the worker could return, by prior agreement, to the previous in-person conditions.
Who pays for electricity, internet, and equipment?
The law makes it clear: remote work must be paid for or compensated by the company, and the worker cannot be expected to bear expenses related to the equipment, tools, and means associated with their work activity. In other words: the company must cover the expenses. Does this mean it will pay the electricity bills? Should it be responsible for the internet connection? It is not established. The law dictates that the expenses involved in telework must be agreed upon by collective bargaining or by direct agreement between the company and the workers.
The written agreement between teleworker and company: The minimum required points
- Establish an inventory of equipment, means, and tools required for remote work. This includes consumables and movable items.
- The expenses that the worker may incur. Method of quantifying compensation. This may include buying an ergonomic chair, a computer, or upgrading or improving home internet.
- Flexible schedule and clock-in method. As long as working hours are met, the worker can choose their schedule within certain limits. A reliable method must be provided to measure hours worked. This aims to avoid overtime.
Teleworking due to the pandemic
This situation is very frequent. Do workers at home due to the pandemic automatically fall under the telework law? No. To comply with the law, it will always be necessary to sign the agreement and define the working conditions. So, what rights does a worker in this situation have? The law specifies that, as long as the exceptional health situation continues, these workers will remain subject to ordinary labor regulations.
In any case, the law states that, even in this circumstance, companies must provide the employee with resources, maintain equipment, and compensate for expenses if they have not already been compensated.
Can the company force the worker to change providers or tariffs to pay less? If the company pays for it, it will be an integral part of the agreement, and in this case, it can. That is, to reduce the total cost of the Internet service, the company can compel the worker to contract a more economical tariff or, directly, another provider. The other option is for the company and the worker to agree to keep the existing package and only pay for what is necessary for work: internet and, if applicable, the phone.
In any case, telework is here to stay. We will continue to follow this topic closely.
