What is the Telework Law
29 July, 2021duguech
Telecommuting is a new management model for the work activity. To better understand what this new model consists of it is important to know the Telework Law, which will come into force next October.
Basic definitions of the Telework Law
- Telework: Work that is performed at a distance through the exclusive use of computer, telecommunication or telematic procedures and means.
- Remote work: Work activity that is carried out on a regular basis during the entire working day at the employee’s home.
- On-site work: Work performed in the company’s offices or facilities.
Rights recognized in the Telework Law
- The regulation will be applicable for labor relations that are carried out at a distance on a regular basis. According to the new law, the regular remote work is the one that is performed during a reference period of three months, a minimum of 30% of the working day. In other words, a minimum of one and a half days in an ordinary five-day working day.
- The new Telework Law states that remote work is voluntary and reversible, both on the part of the employee and the employer. That is to say, if the employee refuses to telework, this cannot be considered as a justified cause for dismissal, nor to modify the contract.
- The contract or telework agreement to be signed by both parties, must contain a mandatory minimum content detailing the worker’s schedule and the tools needed to perform their work as a computer, mobile, or printer; as well as the expenses that are generated as the internet connection. That is to say, the necessary attention will be guaranteed in the case of technical difficulties for the execution of the telework and the right to the payment and compensation of expenses: the remote work must be defrayed or compensated by the company. The worker must not bear expenses related to the equipment or tools linked to his work activity.
- The Telework Law also contemplates that remote employees have the same labor rights as workers who come to the offices, with the pertinent exceptions that specifically present the work that is done in a face-to-face manner. This reference emphasizes that there must be equal treatment and non-discrimination among teleworkers themselves, and the need to establish measures against harassment, or the reconciliation of family and work.
- The participation of teleworkers in the company’s training activities must be guaranteed, as well as access to professional promotion on equivalent terms to those working in person.
- Teleworkers are entitled to adequate protection against occupational hazards. A risk assessment and the necessary preventive planning must be carried out. However, the law clarifies that this risk assessment will only reach the area enabled for the provision of services by the worker and will not be extensible to the rest of the house.
- The right to privacy of the remote worker is expressly guaranteed, and it is indicated that the control mechanisms must be adequate for the benefit of the employee.
- The right to digital disconnection at the end of the working day is also recognized. Collective bargaining, or agreement, will establish the suitable means to guarantee rest times.
- The principle of equality is established for the exercise of collective rights for people who work remotely. In other words, unhindered communication between telecommuters and their representatives must be ensured.
If you have any doubts about the Telework Law, at Duguech&Dip we can answer your questions. Schedule an appointment with us.
This information does not constitute under any circumstances legal advice, serving only for informational purposes. In case you need professional services in Global Immigration and Mobility, please contact us.
* It should be taken into account that the regulations of any of the countries analyzed, as well as the established procedures, may change at any time and without prior notice.
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