NEW REGULATION OF TELEWORK - MOST RELEVANT ASPECTS
-Its entry into force will be 20 days after its publication in the BOE (from September 23).
- Article 2 establishes a difference with respect to what is considered distance work and telework. It is considered to be distance work, which is provided at the home of the worker or the place he has chosen during his day or part of it.
The work must be done at least 30 percent of the day, in a reference period of THREE MONTHS REGULARLY or the equivalent percentage, depending on the duration of the contract (art.1).
Working people are left out if the services are sporadic, or for example they work from home one day a week.
- Telework will be carried out using computer or telematics systems.
- The agreement must be voluntary between the company and individual with each worker. It can be done at the time of concluding the initial contract or later, however, always before the start of the distance work. You cannot be forced to switch to this mode if either party does not wish to do so. This agreement must be made in writing, which must include the conditions established in Article 7 of this RD Law and, in addition, must be reversible for both parties. The rule refers to collective bargaining because collective agreements develop the procedure to regulate this reversibility.
Workers under the age of 18, with an internship contract and training contract who were previously excluded from distance work, will now be able to telework if at least 50% of the day is face-to-face. The company has the obligation to deliver a copy of the agreement to the legal representative of the workers within 10 days. The representative will sign the receipt. It will also be mandatory to send a copy to the employment office. The same treatment is set for changes that may occur in the terms of the agreement.
- The company must cover the expenses related to the means, equipment and tools, according to the terms established in the agreement or in the collective bargaining. The standard also states that working remotely cannot involve direct or indirect costs for the worker. What the law does not say is how this compensation should be done, although it is referred to the collective agreements so that they can establish the corresponding conditions.
- The obligation of control and registration of hours is maintained, the mechanism of beginning and end of the labor activity must be established so that the calculation of each day can be obtained.
- Workers who work remotely will have the same rights as the rest of their colleagues: Trade union rights, collective rights, equal treatment and non-discrimination, prevention of occupational hazards, right to privacy, digital disconnection in the rest periods established for the worker and for data protection.
-This Royal Decree-Law shall be fully applicable to employment relationships in force and which were regulated, prior to its publication, by agreements or collective agreements on conditions for the provision of services at a distance from the moment they lose their status. validity. In the event that the agreements or arrangements do not provide for a period of duration, this rule is applicable in full once one year has elapsed since its publication in the BOE, unless the signatory parties expressly agree to a longer period, which as maximum may be three years.
- In no case may the application of this Royal Decree-Law result in the compensation, absorption or disappearance of any more beneficial rights or conditions that have been enjoyed by persons who previously provided their services at a distance.
-The distance employment agreement must be formalized within three months of this Royal Decree-Law being applicable to the specific employment relationship. In the same period, adaptations or modifications to the individual distance work agreements in force on the date of publication of this Royal Decree-Law, not derived from collective agreements or agreements, must be made.
-To remote work implemented exceptionally in application of article 5 of Royal Decree-Law 8/2020, of 17 March, or as a result of the sanitary containment measures derived from COVID-19, and as long as these are maintained, it will continue resulting from the application of ordinary labor regulations. In any case, companies will be required to provide the means and equipment required for the development of remote work, as well as the maintenance that is necessary. Where appropriate, collective bargaining will establish the form of compensation for expenses arising for the person working in this type of work if they exist and have not already been compensated.