Remote work or telecommuting
Remote work, from the first moment in which the state of alarm was declared, has been the labor solution to the restrictions that prevented being able to continue providing services in certain jobs and not being forced to request an ERTE (Record of Temporary Employment Regulation) as a result of the inability to continue with economic activity. Its regulation came in September through "Royal Decree Law 28/2020, on distance work", to date this work system was regulated in article 13 of the Workers' Statute, which has been modified precisely by the aforementioned norm.
Although remote work has its cause in the crisis unleashed by the Coronavirus or Covid-19 pandemic, we do not stop hearing in the media that "teleworking has come to stay" and the duty of the state is to guarantee that with This "new system" workers have the same rights as if they continued to provide their services in the workplace of the company. That is why people who carry out remote work will not be able to suffer for this cause, any damage or substantial modification of working conditions.
One of the principles of distance work is its voluntary nature, for the worker and the employer, therefore, it will be mandatory to formalize an agreement between the parties that regulates it, without it being imposed by the company as a substantive justified modification or that the refusal to implement it is cause for termination of the employment relationship, being, in addition, a reversible decision.
This agreement has a minimum content that is established in the recent standard and will be the one that the company and worker must comply with. This initial agreement may be modified by a new agreement, which must be made known to the legal representation of the workers, as well as a copy of the agreement must be sent to the employment office.
Among the rights regulated by the aforementioned rule we find, among others:
1) Right to sufficient provision and maintenance of means, equipment and tools.
2) The right to the payment and compensation of expenses related to telework, for example the purchase of a printer or the proportional part of the electricity bill.
3) Right to flexible hours in the terms of the agreement.
4) Right to adequate time registration.
If you are a worker or company, you can contact Lex Veritas Abogados for comprehensive legal advice in the field of labor law, the consultation or specific handling of a matter of dismissal or claim of amount or the elaboration of the agreement for telework in your company
Do not hesitate to contact our team if you wish to schedule a personal consultation in Malaga or Madrid, by phone or online. At LVA we have a team specialized in matters such as civil law, family law, commercial law, traffic accidents, labor law, banking law, urban planning, online procedures, among others.
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