From the 13/10/2020 the Royal Decree Law came into force 28/2020, from 22 of September, that regulates remote work, "Understood as work that is carried out outside the usual establishments and centers of the company and of which telework is a subspecies that implies the provision of services with new technologies (Statement of Motives, I).”
With the new regulation, two situations can occur:
- Existing to date 13-10-2020: The new standard will be applied to them if they are regulated prior to 23/09/2020 (by collective agreement or agreement) and once they lose their validity.
- Those that occur from 13/10/2020 that the new rule will apply to them.
The norm therefore, applies to:
- Remote work: the one that is provided in general, in a reference period of 3 months, a minimum of 30% of the working day (50% in certain cases), and it is provided at the home of the worker or at the place chosen by this, throughout your day or part of it, with regular character.
- Telecommuting: It is that distance work that is carried out through the exclusive or prevalent use of computer media and systems, telematics and telecommunications.
To be considered telecommuting, must have the following features:
REGULAR CHARACTER: of the provision of remote services: 30% as a general rule (50% in contracts for minors, internships and training and learning).
VOLUNTARY: it is voluntary for both parties.
INDIVIDUAL: Individual agreements with each worker.
INDIVIDUAL AGREEMENT: It is formalized in writing in a individual agreement within 3 months from when it applies to the employment relationship (communicated to the workers' representatives and the SEPE), with the following contents: media inventory, equipment and tools for the development of the activity; enumeration of expenses, way of quantification, schedule (mandatory availability times, availability slots, flexibility), percentage and distribution of work presence and distance (in your case), workplace, means of business control of the activity, duration of the agreement, Data Protection, time record, etc…
REVERSIBLE: for both parties, as established in collective bargaining or, failing that, in those established in the distance work agreement.
MODIFIABLE: by agreement, in writing prior to its application.
In relation to the development of the remote activity, as well as costs of the same, the company must provide and maintain the means, equipment and tools necessary for the activity and defray the expenses related to the tools and means related to the activity, according to collective bargaining or company agreement, being able to adopt the measures that it deems most appropriate of surveillance and control to verify the compliance by the worker of their obligations and labor duties, including the use of telematic means.
Equally, the worker by carrying out the remote work has:
Worker rights:
Remote workers have the themselvesrights that those who provide their services in the workplace of the company (Except for those that are inherent to the performance of the work provision in the same in person) and they cannot be prejudiced in any of their working conditions, including retribution, job stability, working time, training and professional promotion Right to privacy and data protection, as well as digital disconnection. Respect for working day limits and breaks. Remote workers have the right to a adequate protection in terms of health and safety. Collective rights.
Obligations of the worker:
Follow the instructions established by the company in the framework of the legislation on data protection; follow the information security instructions specifically set by the company, follow the instructions on conditions and instructions for use and conservation in relation to computer equipment or tools, within the terms that, in your case, are established in collective bargaining.
By last, remote work implemented as a health containment measure derived from coronavirus no is governed by this rule, but is governed by ordinary labor regulations. However, in this case, companies are also obliged to provide the means, equipment, tools and consumables required for remote work development, as well as the maintenance that is necessary.