A Royal Decree Law has been approved 28/2020 that will come into effect from next 13 October this year with many new features compared to the previous regulation: calendar, application threshold, costs, surveillance, agreements, schedule, sanctions and modifications.
The new regulations apply to regular distance work, I mean, that a 30% of the day in a reference period of three months, the formal agreement must be formalized in writing. Whatever is below, It does not apply to the new law and this agreement in writing and with respect to equipment will not be necessary, Payment and compensation of expenses will be as agreed by the parties.
The remote workplace will not be determined by the company, It may be the worker's home address or any place other than his / her home as a coworking.
Remote work is limited in three cases:
- Internship contracts
- Learning contracts
In these cases the 50% of the day must be face-to-face and the training activities can be done face-to-face or online as before.
INDIVIDUAL AGREEMENT NECESSARY
The agreement between the worker and the company must be individual and not imposed by collective agreement.
Until now, according to the Workers' Statute, the worker has the right to remote work for reasons of reconciling work and family life and the company must grant it unless it has objective reasons that prevent it.
In the Mecuida Plan, valid until January 2021, The worker has the right to request remote work to take care of his partner and / or relatives due to exceptional circumstances in order to avoid community transmission of the Covid-19.
It should be mentioned that the worker who studies regularly to obtain an academic degree, has priority to request access to remote work, as long as it is compatible with your tasks to be performed.
Victims of gender violence and terrorism, They have the right to carry out their work totally or partially remotely or to go in person whenever possible.
There is a procedural novelty to limit workers' claims about access, reversion and modification of remote work: will have 20 business days to file your claim with the Social Court, counting from when the company communicates its refusal with your proposal.
On the company side, Teleworking can be unilateral if it constitutes a preventive measure in the current pandemic panorama of Covid-19.
FORM AND CONTENT OF THE EMPLOYMENT AGREEMENT
The agreement is in writing, delivering a copy to the representation of the workers and telematically to the employment office. If it is not done, a serious offense would be incurred with penalties of 626 a 6.250 euros fine.
The content should be as follows:
- Media Inventory, equipment and tools required for work development, as well as consumables, furniture elements, useful life and maximum period of renewal of the same.
- List of expenses that may arise from doing remote work and how to quantify the compensation that the company is obliged to pay and when and how to do it.
- Working hours and mandatory availability rules. If face-to-face and distance work is combined, percentage and distribution between both.
- Work center of the company where the remote worker is assigned and where the work will be done in person.
- Remote workplace chosen by the worker.
- If situations of reversibility to face-to-face work are agreed, duration of notice periods.
- Means of business control of the activity.
- Procedure to follow if technical difficulties arise that make work difficult.
- Data protection instructions, applicable to remote work.
- Information security instructions, applicable to remote work.
- Duration of the remote work agreement.
MODIFICATION OF THE AGREEMENT
The modification of the agreement must be the subject of a new bilateral agreement, in writing and communicate to the workers' representation.
PRIORITIES AND PREFERENCES
According to the new law, people who work remotely from the beginning of the employment relationship during the entire working day, have priority to fill vacant face-to-face jobs. The company is obliged to inform these people and the representation of the workers of the vacancies.
People who do their work remotely, in whole or in part, They have the same rights as if they did it in person.
That is to say, have the same right to receive the total remuneration established according to the professional group, level, position and functions including supplements for personal conditions, by results of the company or by characteristics of the position. They also have the same rights in job stability, working time, training and professional promotion.
EQUALITY PLANS AND PROTOCOLS AGAINST HARASSMENT
Gender equality is an important variable to incorporate when making the diagnosis, implementation, application, monitoring and evaluation of equality measures and plans.
Companies must bear in mind the measures against any type of harassment at work: labor, sexual, discriminatory and victims of gender violence.
CALENDAR OF ENTRY INTO FORCE
Prior to RD law 28/2020 Agreement adaptation period
|Distance work regulated by collective agreement||* Three months after the collective agreement expires * If the agreement has no term, the adaptation will be 23/12/2023 * The signatory parties are allowed to agree on a longer term of up to three years (23/12/2023)|
|Remote work not regulated by collective agreement||Three months after the RD-law is applied to the employment relationship|
|Remote work derived from Covid-19 art. 5 RD-ley 8/2020 or as a sanitary containment measure||Adaptation to the new regulation is not required, but companies are obliged to provide the means, teams, tools and consumables required for remote work development and maintenance.|