Legal obligations when implementing teleworking
Planning to keep on teleworking in your Spanish company?
We sum up the most important do’s and don’ts according to Spanish law.
First of all: all of this only applies if your employees are working 30% or more of their time from home!
So if your employees only work the occasional day or day and a half maximum a week from home, you’re off the hook.
Agreement in writing
Once the employer and the employee(s) agree on teleworking, they must sign an agreement. This can be done either in the initial contract or in a supplementary document before the start of teleworking.
The company’s obligation to ensure equal treatment
Teleworkers have the same rights and should enjoy the same working conditions as a person who goes to the workplace. Working remotely is voluntary, and can be revoked at any time by both the employee and the company.
Teleworking and prevention of labour risks
Teleworkers still have the same rights to prevention of occupational risks as the rest of the employees. The employer also has to safeguard the employee’s right to disconnect.
The company must pay the costs of teleworking
The company shall bear the costs of teleworking. This element is not specified in the law but it is generally assumed that it refers to the costs of a computer, screen, maybe telephone, use of internet, and so on. We already mentioned in our previous article that most companies pay between 15 and 55 euros to cover these expenses with an average of 40 euros per month.
This being said, investing in a good teleworking policy might be worth it if you are facing a labour shortage. If you’re in IT or new technologies, already 45% of your competitors have chosen telework. Allowing your employees the luxury of partly working from home, improving their work life balance, is a great booster for your company image!