With the end of the sanitary containment measures for Covid, as of April 19, the exceptional remote work ends without the need to subscribe the written agreement and comply with the regulations established for this purpose under Law 10/2021. Therefore, from this moment it is mandatory to regulate the so-called teleworking, unless in the mixed system applied by the organization, telecommuting does not exceed 30% of the working day in a period of 3 months.
Failure to comply with the regulations is classified as a serious infringement and will be punished with penalties of up to €3,790.
The “telework agreement” must be registered with the Public Employment Services, and must include an exhaustive regulation established in the law. In addition, in this regulatory process, many other aspects, that are very relevant for the organization, must be considerec, such as:
- The regulation established in collective bargaining agreements.
- The jurisprudence that has been dealing with telework situations during this pandemic period.
- Expense compensation criteria.
- How this situation interacts with respect to employee conditions and benefits: restaurant ticket, transportation bonus, company car, among others.
- Legal treatment of social benefits.
- Business control systems.
- Prevention of Labor Risks.
Therefore, the transition from the current system to the new one must be carried out by knowing and analyzing all the aspects that affect the organization.
From UHY Fay & Co, we put at your disposal a team of labor advisors specialized in the new telework law that will help you in the compliance of this regulation and the preparation of the necessary labor agreements, so that it adjusts to the needs of each organization and at the same time allows to improve the labor relations.
Lydia barrena
Senior Manager Labour & Employment Law
lbg@uhy-fay.com
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