Everything you need to know about the new Home Office law

The spanish government, after months of meeting with unions and industries, published the Royal Decreet 28/2020 for remote working.

The goal is to bring about a sufficient, transversal and integrated ruling for the needs and benefits of this relatively new way of employment, addressed both for employers and employees.

Up next, we give you the gist of it so you don’t lose track of the relevant issues:

  • Definitions (Article #2)
    • Remote work: a way of providing work or labor from the employee’s home or any place selected by him/her, either during the whole extent of the workday or for a part of it, on a regular basis.
    • Telematic work (“teletrabajo” in spanish): refers to a remote work executed exclusively by the means of using computer, telematic and telecommunications systems.
    • On the site work: a job done at the company’s site or at a place determined by it.
  • Equal treatment and opportunities and non-discrimination (Article #4)
    • “The people doing remote work have the same rights as people on the site regarding conciliation and co-responsibility, including the right to adaptation established on article 34.8 of the Workers Statute, as a way to not interfere with personal and family life.” (Numeral 5)
  • Remote work willfulness and agreement (Article #5)
    • This article, on Chapter 11 of the Royal Decreet, establishes the need for an agreement that must be signed by both parties and can be either a section on the initial contract or be made some time afterwards.
    • It also indicates that the decision to work from home will be reversible for both the company and the employee and such reversibility can be executed within the terms established on either the union’s agreement or, if no union agreement exists, on the terms for remote work established on article #7.

  • Formal duties of the remote work agreement (Article #6)
    • It must be written down, can be a part of the initial work contract or later, but always before the remote work begins.
    • A copy must be handed to the legal representatives of the employees (excluding sensitive data) within no more than 10 days following the formalization, then, a basic copy of such agreement will be delivered to the employment office.
  • Remote work agreement content (Article #7) – 5 out of the 12 items
    • Inventory of the means, equipment and tools needed to execute the job agreed upon, including the supplies and furnitures and their consequent renovation time according to their lifetime.
    • List of the expenses that the employee may incur in from the execution of the remote work, as well as the way of quantifying and compensating on behalf of the company, which should exist only within the terms of the corresponding union’s agreement.
    • Working schedule for the employee and availability terms if such should apply.
    • Percentage and distribution of remote work and on-the-site work, if that should be the case.
    • Duration of the remote work agreement
  • Remote workers’ rights (Chapter III. Articles 9 and 10).
    • Remote workers have the right to professional training and promotion, and companies must guarantee the effective participation of remote workers in equivalence of on-the-site workers.
    • Remote workers must be informed in a written way about the promotion possibilities and openings disregarding if they are remote or on-the-site openings.
  • Company’s control faculties (Article 22)
    • The company may adopt all the managing and surveillance measures they see fit to control their employees productivity and accomplishment of the job-related tasks, including telematic systems, always making sure to take into consideration the employee’s dignity and, if such should be the case, the real capacity of employees with disabilities.

If you want to dig deeper into this decreet and all of its articles, you can find the complete document here.