New Law Regulating 'Remote Working' And 'Teleworking'

The government has approved a new law to regulate ‘Trabajo a distancia’ of which ‘teletrabajo’ is a sub-category.

The difference:
“Trabajo a distancia/Remote working” or Telecommuting is a broader concept. It is the way of organizing work or carrying out the work activity according to which it is provided at the home of the worker or at the place chosen by them, during all or part of their working day, on a regular basis.
“Teleworking” is a form of remote work, specifically that which is carried out through the exclusive or prevalent use of a computer, telematic and telecommunication means and systems.

Does this new law apply to the ‘remote working or teleworking’ put in place as a result of the Covid-19 regulations?
This law has been approved using the emergency legislative mechanisms, but it is designed for the regulation of long-term telework, not at this time.

This new telework regulation will not be applicable to the exceptional situation that we are experiencing due to covid-19.

In the 3rd transitory provision it is indicated that “remote work implemented exceptionally in application of article 5 of Royal Decree-Law 8/2020, of March 17, or as a consequence of the health containment measures derived from COVID-19, and while these are maintained, the ordinary labour regulations will continue to apply ”.

It adds, however, that “companies will be obliged to provide the means, equipment, tools and consumables required for the development of remote work, as well as the necessary maintenance” and refers to collective bargaining the regulation of “the form of compensation for the expenses derived for the worker from this form of remote working, if they exist and have not already been compensated. ”

An informative article in Spanish.

Data Protection Law is also relevant for remote working, specifically with regards to the following:
– When the employer provides the corporate means (owned by the company) to the workers so that they can perform their work or the workers are using their own means to carry it out.
– Business control and the guarantee of digital disconnection of workers outside their working hours, as regulated in the Data Protection Law and the Guarantee of Digital Rights.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.