Remote Work in Spain : what you need to know about the new regulation

Published On - 29 March, 2021

Albert Hui Spain

Due to the COVID-19 pandemic, remote work has been lately prioritized in Spain to reduce the risk of contagion. For this reason, the Spanish government, unions, and business associations have agreed upon a legal framework to manage this major change of working method.

The Royal Decree-Law 28/2020 dated September 22nd aims to establish a single regulation applicable to all forms of remote work. Accordingly, the remote working agreement must always be formalised in writing, generally in the employment agreement, and may be agreed at any given time during the employment relationship, always before the employee start to work remotely.

Notwithstanding the provisions set forth in the relevant agreements, the content must include at least the following provisions:

  • Inventory of means, equipment and tools necessary for the development of remote working, including consumables and furniture.
  • Expenses to be incurred by the employee and method of quantification of the compensation to be paid by the company as well as time and method of payment of such compensation.
  • Working hours and availability rules, if any.
  • Percentage and distribution between on-site work and remote work.
  • Means of company control of the activity.
  • Procedure to be followed in case of technical difficulties that prevent the normal development of remote work.
  • Specific instructions on data protection.
  • Duration of the remote work agreement.

Employees who work remotely have the same rights and opportunities as those who work on-site, including, among others, the right to trainings, professional promotion, privacy and data protection, right to collective representation, right to be digitally disconnected, etc.

On the other hand, employees working from home have the duty to comply with the instructions established by the employer regarding data protection, use of equipment and cyber security. The employer is entitled to exercise control and surveillance of the compliance with the said duties and tasks.

If you need further information with this topic or any other HR related matters in Spain, please do not hesitate to contact our office in Barcelona at contact@orbis-alliance.com. Our team of experts will be happy to advise you !