THE NEW LAW OF DISTANCE WORK
It came into force the day after its publication in the BOE, ie July 11, 2021.
Arts. 1 and 3 SCOPE OF APPLICATION The application of this Law includes distance work carried out in a reference period of three months, a minimum of 30% of the working day or the equivalent proportional percentage depending on the duration of the employment contract. In employment contracts concluded with minors and in internship contracts and for training and learning, the percentage of time spent on telework will be at least 50% of the provision of face-to-face services.
Art.5. VOLUNTARITY OF DISTANCE WORK AND DISTANCE WORK AGREEMENT Remote work will be voluntary for the worker and for the employer and will require the signing of the distance work agreement regulated by this Law, which may
form part of the initial contract or be performed at a later time, without being able to be imposed in application of article 41 of the Workers' Statute; all this without prejudice to the right to distance work that may be recognized by legislation or collective bargaining.
The agreement must be made in writing in accordance with the formal obligations established in art. 6th and its content reflected in art. 7th of this Act. Any change that occurs in the above
agreement must be formalized in writing and consensus between the company and the worker will be required. The agreement and possible modifications must be delivered to the workers' representatives within a period not exceeding ten days, excluding data that may affect the personal privacy of the worker. They will also be registered with the Employment Office.
The refusal of the working person to work remotely will not be a justifying cause for the termination of the employment relationship or for the substantial modification of working conditions (changes in their working hours, salary, etc.); however, there is the possibility of converting face-to-face work to distance work and vice versa following the form established in the sector's collective agreements or in which they have been fixed in the distance work agreement.
Art.12. THE RIGHT TO PAYMENT AND COMPENSATION OF EXPENSES
The salary received by the worker does not change if he takes up telework, as the company will have to pay or compensate for the development of the work at a distance, so that for the worker it does not involve the cost of expenses related to equipment, tools and other means linked to the exercise of the work activity. In the initial agreement to agree on distance work or telework, in addition to the requirements reflected in the Act, it must contain the protocol corresponding to the transfer of the equipment necessary to be able to carry out the activity and the form of offset the associated expenses.