New decree on working from home

Labor News

NEW DECREE ON WORKING FROM HOME

The new decree on working from home enters into force on October 13, 2020 according to Decree-Law 28/2020, of September 22, on remote working.

More than three months of negotiations have been necessary for the government, unions and business associations to reach an agreement to set a legal framework for teleworking, something that was not a common practice in the country until the coronavirus pandemic hit.

The pandemic has forced teleworking to reduce contagion. In response to the new situation the government, unions and business associations have been forced to create a legal framework that regulates the new work practices, to avoid problems of performance and interpretation of companies and workers.

Find following a summary of the implications of the new decree on working from home.

PREVIOUS SITUATIONS: the former collective agreements in force continue until the loss of validity (which cannot exceed 3 years). If they do not have one established: 1 year.

FORMALIZE /ADAPT /MODIFY TELEWORKING AGREEMENT IN FORCE: 13 January 2021, resulting in the application of the “ME CUIDA” Plan

REMOTE WORKING DERIVED FROM COVID-19: Still subject to common regulations. But companies must provide the means, equipment, tools, and consumables necessary to work, as well as its maintenance. Where appropriate, the collective negotiation shall establish the form of compensation for the expenses incurred by the worker for working from home.

SCOPE OF APPLICATION: An employee must work at least 30% of the total hours remotely within a period of three months.

DEFINITIONS:

  •  Remote work: work practice carried out at home or in the place chosen by the employee, during the biggest part of his/her working day, on a regular
  • Telework: work practice carried out through the exclusive or prevalent use of computer, telematic and telecommunication means and systems.
  • Office work: work practice carried out in the workplace or in the place determined by the

LIMITATIONS AND EXCLUDED CASES: Juvenile work, internship and training contracts, in this case at least 50% of the working day must be presential.

THE TELECOMMUTING AGREEMENT:

  1. Formal obligations: written form, basic copy and registration in the public employment services, must be signed and the voluntary nature for both parties must be highlighted. It will be a serious offence not to formalize the agreement in writing with a penalty of 626€ to 6.250€.
  2. Content of the agreement:
  • Inventory of the means, equipment and tools required for remote working, including consumables and movable elements, as well as their useful life or maximum period for
  • Listing of the expenses that the employee may have due to teleworking, as well as the form of quantification of the compensation that the company must obligatorily pay which will correspond, if it exists, with the provision contained in the applicable collective agreement.
  • Work schedule of the working person and within it, if applicable, rules of
  • Percentage and distribution between office and remote work, where
  • Office of the company to which the employee must carry out part of his/her working day in person.
  • Remote workplace chosen by the employee for teleworking.
  • Duration of notice periods for the exercise of reversibility situations, where
  • Means of control of the activity set by the company.
  • Procedure to follow in the event of technical difficulties when teleworking.
  • Instructions issued by the company, with the participation of the workers’ legal representation, on data protection, specifically applicable to remote working.
  • Instructions issued by the company, after informing the legal representation of the workers, on information security, specifically applicable to remote
  • Duration of the teleworking
  1. The exercise of reversibility: The modification of the conditions established in the teleworking agreement, including the percentage of office attendance, must be the object of an agreement between the company and the employee, and must be formalized in writing prior to its This modification will be made known to the legal representation of the workers.

RIGHTS OF EMPLOYEES WORKING FROM HOME:

  • Those linked to the professional career: promotion and training.
  • Those relating to the provision and maintenance of means, equipment and tools and the payment and compensation of expenses.
  • On working hours: flexible hours, subject to the provisions specified in the individual or collective agreement, and time recording on the same terms as for work in the office.
  • On the workplace risk prevention, determining the risks through the information collected from the worker.
  • The right to digital disconnection of employees who carry out total or partial telework, must be included in the mandatory digital disconnection policies.
  • Right to privacy.
  • Exercise of their collective rights, and collective bargaining may establish the conditions to guarantee the exercise of such rights.

ORGANIZATION, MANAGEMENT AND CONTROL OF THE COMPANY, including data protection and information security and the fulfilment by the employee of his/her obligations and duties at work.

The company may adopt the measures it deems most appropriate for monitoring and control compliance by the employee of his/her obligations and working hours, including the use of telematic means, taking into account special cases of workers with disabilities.

The UHY Fay & Co labor advisory area offers our clients specialized services to apply the New Decree on working from home and comply with the new regulations in force.

Fe López

Socia del Área Laboral UHY Fay & Co

flopez@uhy-fay.com

 

 

 

 

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