In force since last July 11, Law 10/2021, on July 9th, on remote work, we summarize the main points of this law.
We have already indicated in the past that RD-Law 28/2020, of September 22nd, on remote work, had generated certain legal uncertainty for both workers and companies in aspects such as compensation for teleworking expenses. It does not seem that this Law has resolved all these doubts.
General aspects of the remote work law
- The distinction between:
- Remote work: Form of organization of work or of carrying out the work activity at the home of the worker or at the place chosen by the worker. During the whole day or part of it on a regular basis.
- Teleworking: remote work carried out through the exclusive or prevalent use of telematic and telecommunication computer media and systems.
- It is reversible and voluntary: it requires the signing of a Distance Work Agreement (DTA).
- Percentage of 30% of the working day within 3 months: this is the limit from which the ATD must be formalized.
- Compensation of expenses: the new law does not clarify this point, which is left to future jurisprudence. For example, the ruling issued by the National Court on June 4, 2021. In relation to the expenses derived from Remote Work by Covid-19, it declares that without individual agreement, agreement, or collective agreement, there is no compensation for derived particular expenses of teleworking carried out by Covid-19.
- The right to digital disconnection is maintained (see art. 88 of Organic Law, 3/2018 of 5 December).
News in Equality and disability
The obligation of companies to avoid any discrimination, direct or indirect, of workers who provide services at a distance is specifically established. Either by reason of sex, but also by age, seniority or professional group, or disability.
The working person also has the right to the provision and adequate maintenance by the company of all means, equipment, and tools for remote work (including digital ones) so that they are universally accessible to avoid any exclusion due to a disability.
Changes in the amounts of labor penalties in 2021
As a surprise to the legislator, this law introduces in the first final provision, a tightening of the sanctions in matters of employment, labor relations or prevention of occupational hazards and labor inspection. The new amounts will take effect from October 1, 2021.
For instance:
- The amount of penalties for serious infractions in labor relations and employment in its maximum degree goes from 6,250 euros to 7,500 euros, and the very serious in the maximum degree increases from 187,500 to 225,018 euros.
- The amount of sanctions in the prevention of occupational hazards will be, in its maximum degree, up to 983,736 euros instead of 819,780 euros.
It is important to remember that this Law does not apply to companies that have implemented teleworking in a timely manner as a health prevention measure derived from the pandemic.
Do not hesitate to contact us if you have any questions about how this new law applies to you as an employer or worker.
Photo by Cookie the Pom on Unsplash
