The provision of services through teleworking on a regular basis is subject to the provisions of Law 10/2021 of 9 July on remote work. For these purposes, it is assumed that teleworking is of a regular nature when, in a reference period of three months, this type of service provision exceeds 30% of the working day.
The provision of services which does not exceed the indicated percentage falls outside the legal regulation, being subject to that which the parties agree upon or which, where appropriate, is provided for in the applicable collective bargaining agreement.
In employment contracts concluded with minors and in contracts for training and apprenticeships, it must be guaranteed that at least 50% of the provision of services takes place in person.
Remote work will be voluntary for the worker and the employer and will require the signing of an individual teleworking agreement. The decision to work remotely under a face-to-face work modality will be reversible for the company and the worker.
The company must provide the legal representation of the workers with a copy of all remote work agreements made and their updates. Subsequently, said copy will be sent to the employment office.
The carrying out of teleworking must be paid for by the company and it may not imply the assumption by the worker of expenses related with the equipment, tools and means linked to the carrying out of their work activity.
The employer must guarantee the right to health and safety at work of people who provide services through teleworking, to which end they must comply with the legally established provisions for this purpose.