Tele Labor Legislation, Royal Decree-Law 28/2020

From our advice we want to alert you to what is happening in the workplace, and hereby we want to bring to your attention the latest news contained in Royal Decree-Law 28/2020, of September 22, on distance work.

The aforementioned Royal Decree-Law regulates remote work, highlighting the following issues:

The rule applies to labor relations regulated by article 1.1 of the Workers' Statute, and specifically to those who develop 30% of their working hours through remote work, in a reference period of 3 months. Work contracts concluded with minors and internships and for training and learning are excepted, having to guarantee a minimum of 50% of face-to-face work in any case.

The distance work modality is voluntary and reversible for both parties, without it being imposed through a collective procedure of modification of the substantive conditions by virtue of article 41 of the Workers' Statute.

Signing a distance work agreement is mandatory, and the norm establishes its minimum content.

 The company must provide the workers with means and maintenance, and will also have to pay and compensate the expenses related to the work. In this regard, the standard does not expressly define what these expenses will be.

 A record of the day must be made in the same terms as for the rest of the workers.

 The following transitional plan has been established:

 For those teleworking agreements that are in force and not derived from collective agreements or agreements, the written agreement must be formalized within a period of three months.

 For those teleworking agreements in force as a health containment measure derived from COVID-19, the ordinary labor regulations will continue to be applicable, without specifying until when. The standard specifies that in any case, companies will be obliged to provide the necessary means, equipment, tools and consumables, as well as their maintenance.

 Failure to sign a distance work agreement will be considered a serious offense, punishable by up to 6,250 euros.

 Against the decisions of the company in terms of access, reversal and modification of remote work, the worker will have a period of 20 days to challenge in court.

 In addition to all of the above, this Royal Decree-law extends the content of the MECUIDA Plan until January 31, 2021.

We remain at your disposal for any clarification of doubts that may arise.