Spain: Key Points of the Law on Remote Working

Published on 24 September 2020

Remote working: these are the key points of the new law passed by the government

Monika Bertram Abogada +34 91 319 96 86
  1. Definition of remote work: that which, on a regular basis, that is, for a reference period of three (3) months and at least 30% of the workday, is performed from the home of the worker or a place freely chosen by him/her.
  2. Worker’s rights: equal treatment, equal opportunity, non-discrimination, training, professional promotion, sufficient means and maintenance thereof, equipment and tools, payment and compensation of expenses, scheduling flexibility, workday recording, privacy and data protection, adequate protection in terms of occupational health and safety and evaluation of the occupational hazards and planning of prevention activities, digital disconnection and exercise of collective rights.
  3. Worker’s obligations: compliance with instructions regarding data protection and information security provided by the business owner; compliance with the conditions and usage and conservation instructions of the equipment and means made available to him/her.
  4. Business owner’s rights: adoption of measures for surveillance and monitoring that he/she deems appropriate, provided due consideration is given to the dignity of the worker.
  5. Formalisation of the agreement: the agreement must be formalised in writing and the minimum content established in Art. 7 of the aforementioned regulation must be included. Non-compliance will be considered a serious infraction and, as such, subject to a fine of up to EUR 6,250.00. Application of the regulation may not imply the compensation, absorption or disappearance of the most beneficial rights or conditions which the workers had prior to the publication of this regulation regarding remote work.
  6. Nature of remote work: voluntary and reversible both for the company and the worker. It may not be imposed via a substantial modification of working conditions (Art. 41 Workers’ Statute).
  7. Judicial claim: introduction of Article 138 bis to the Law Regulating the Labour Jurisdiction (Ley Reguladora de la Jurisdicción Social), in which the procedure for claims regarding access, reversion and modification of remote work is regulated. The proceedings shall be urgent and given preferential status. No appeals may be filed against the decision, unless a claim has been joined to the legal action for damages which, due to their amount (exceeding EUR 3,000.00), could give rise to an appeal to a higher court (recurso de suplicación).
  8. Entry into force of the regulation: 13 October 2020, with the exception of:
    • Additional provisions 3, 4, 5, 6 to 23 September 2020.
    • Transitory provision 4 to 23 September 2020.
    • Final provisions 4, 5, 8, 9, 10, 11 y 12 to 23 September 2020.
  1. Remote work as a measure for minimising health risks due to COVID-19 (Art. 5 of Royal Decree-Law 8/2020): ordinary labour legislation continues to be applicable and, as such, Royal Decree-Law 28/2020 does not apply.
  2. MECUIDA Plan (Art. 6 RD-L 8/2020): extended until 31 January 2021, where it is excluded from the regulation of Royal Decree-Law 28/2020.