ROYAL DECREE 28/2020 OF SEPTEMBER 22nd ON REMOTE WORKING

Roberto GiraltPartner, Bufete B. Buigas

On September 22nd, the Council of Ministers approved the Royal Decree 28/2020 which regulates distance work, shedding a little light on a matter until now without specific regulation.

RELEVANT ASPECTS:

  • This law applies to those workers who carry out their work remotely on a regular basis, understanding regular as a minimum of 30% of the working day in three months.
  • Distance work is voluntary for both the worker and the company and must be agreed upon in writing at any time during the employment relationship, being able to revert to on-site work.
  • Minimum content of the agreement:

(i) inventory of means, equipment and tools required for remote work, as well as their useful life or maximum period for renewal;

(ii) inventory of expenses and form of quantification of the obligatory compensation to be paid by the company;

(iii) schedule and rules of availability;

(iv) distribution of on-site and remote working;

(v) on-site workplace;

(vi) place where the remote work will occur;

(vii) notice term for reversibility;

(viii) means of corporate control;

(ix) procedures in the event of technical difficulties;

(x) data protection and information security;

(xi) term or duration of the agreement.

  • People who work remotely will enjoy the same rights and working conditions as other on-site workers, including the right to receive training and professional promotion, as well as the exercise of collective rights.
  • The company must make available to the worker all the means, equipment and tools necessary for the development of the activity, taking charge of its maintenance and technical assistance.
  • The expenses related to the development of the remote activity will be beard by the company, and the worker will have the right to be paid and compensated for them.
  • Hourly flexibility may be agreed, hourly record provided for in article 34.9 of the Workers Statue must be kept and the worker will have the right to digital disconnection outside the working hours.
  • The remote work does not exempt the company from evaluating and planning the preventive activity, which should only reach the area enabled for the provision of services.
  • The company may adopt the measures it deems appropriate for surveillance and control to verify compliance by the worker with his or her labor obligations and duties, including the use of telematic means.
  • Entry into force: October 13th, 2020

BUIGAS October 2020

The information contained in this note should not be considered in itself as specific advice on the subject under discussion, but only as a first approximation to the subject matter, and it is therefore advisable that the recipients of this note obtain professional advice on their particular case before adopting specific measures or actions.