When the provisions of the COVID regulations lose validity, a new obligation to sign a teleworking agreement, between the company and the worker, will enter into force.
Royal Decree 18/2021 established the extension of the conditions that allow companies to apply teleworking to their employees during the pandemic, without the need for a written agreement. Nevertheless, on 28 February 2022, when the COVID teleworking regulation ceases to be in force, teleworking will be governed by Law 10/2021, which establishes the need to sign a contract taking into account the following conditions:
- Rules of application: to remote workers, of a voluntary nature, that work a minimum of 30% of the working day, in a reference period of 3 months or the equivalent proportion of the employment contract.
- Exclusions: underaged employees or those with an internship, training or apprenticeship contract, provided that at least 50% of the working day is face-to-face.
- Content of the teleworking agreement: written form, basic copy and registration before the public employment services:
- Type or work and duration of the agreement.
- List of equipment and tools required to carry out the job.
- List of expenses, as well as the form of quantification of the compensation that the company is obliged to pay, according to the collective agreement.
- The employee’s working hours, availability rules, distribution, etc.
- On-site work centre, place of work, notice periods for reversibility.
- Company control of activity, resolution of technical difficulties, company instructions, information security.
4. The compensation of teleworking expenses is an aspects that, even before the entry into force of the regulation, is already very controversial, both in terms of its amount and the treatment that this remuneration should have. It is, therefore, one of the relevant aspects that must be analysed specifically by each organisation, depending on the existing regulation in the collective agreement or its absence, the social benefits granted to employees (restaurant ticket, transport bonus, etc.), as well as its future impact.
Failure to comply with these regulations is a serious offence and will carry fine of up to €3,790.
At UHY Fay & Co we have a team specialised in the new telework law that will help you to comply with this regulation and to draft the necessary labour agreements with the legal certainty required by each organisation.
Lydia barrena
Senior Manager Labour & Employment Law
lbg@uhy-fay.com
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