Teleworking has emerged as a key labor modality in today's world, driven by technological advances and accelerated by Covid-19 pandemic. This work model, which allows employees to perform their functions from remote locations, offers unprecedented flexibility and has proven essential for business continuity in times of crisis. However, The rapid adoption of telework has also raised significant challenges in terms of regulation, Equity and labor rights.
Teleworking Law
The Official State Gazette (BOE) published the 10 July of 2021 The law 10/2021, of 9 July, that regulates teleworking in Spain. This regulation introduces a series of important provisions to ensure a fair and equitable framework for distance workers.
Main points of the Teleworking Law
Teleworking proportion:
- Teleworking must be at least the 30% of the working day, which is equivalent to almost two days in a five -day work week.
Duration of teleworking:
- The duration of teleworking will be the one established by the collective agreement, with a maximum of 3 years. After this period, The conditions may be renegotiated.
Compensation of expenses:
- The company is obliged to compensate for the expenses incurred due to teleworking, ensuring that this does not suppose any additional cost for the employee. This includes, But it is not limited to, Electricity costs, Internet and necessary equipment.
Voluntariness and reversibility:
- Teleworking is voluntary and reversible. The signing of a written agreement between the worker and the company is required, and both parties must agree on any change in these conditions.
Distance workers' rights:
- Employees who work at a distance have the same rights as face -to -face workers, including the right to continuous training and access to professional development opportunities.
Employment protection:
- The refusal of a worker to telework will not be a reason for the extinction of the employment relationship or for the substantial modification of the working conditions. This protects the worker's job stability.
Priority for face -to -face vacancies:
- Workers who have telework from the beginning of their employment relationship will have priority to occupy face -to -face vacancies that arise in the company, as long as they wish to return to a face -to -face work format.
Risk assessment:
- A workshop evaluation report must be made, covering the area enabled for service provision. This includes the ergonomics of the workplace and the general security of the environment.
Previous conditions:
- The implementation of this law should not harm the conditions already enjoyed by distance workers before entry into force. The previously agreed conditions must be respected.
Adaptation period:
- Companies have 20 days from the publication in the BOE to adapt its conditions to the new regulations. This period ensures that companies make the necessary adjustments in a timely manner.
Impact and considerations
The new teleworking law aims to provide a regulatory framework that promotes equality and security for both workers and companies. By establishing these clear guidelines, It is sought:
- Improve workers' quality of life: Facilitating the balance between personal and professional life.
- Protect teleworking rights: Guaranteeing that they do not suffer discrimination or loss of benefits for working at a distance.
- Ensure equity: Allowing all workers, regardless of their work mode, have access to the same opportunities and benefits.
In summary, The law 10/2021 It represents an important step towards the modernization of the labor framework in Spain, adapting to the needs and realities of work in the 21st century.
