Art. 13 of the Workers' Statute (ET), in accordance with Royal Decree-Law 28/2020, of September 22, regarding remote work.

The important factor in this regulation is whether the work is performed remotely, as teleworking refers specifically to a remote worker who primarily uses electronic means. It is defined as working in a location other than the company's workplace for 30% or more of the working hours (or the equivalent percentage of the employment contract), taking a period of three months as a reference.

For the purposes of the regulation, no. It must be at least 30% of the weekly working hours (i.e., one and a half days) for the regulations and their associated obligations to be applicable.

The option for an employee to work remotely will be "voluntary" and "reversible" for both parties and will require the signing of a written agreement. This agreement may be integrated into the employment contract from the beginning or drawn up subsequently, and must include the following aspects:

• Inventory of means, equipment, and tools necessary for remote work, including consumables and movable assets (furniture). The useful life of these items or the maximum period for their renewal must be specified.

• Enumeration of expenses incurred by the worker. Also, the timing and quantifiable method by which the company will compensate them for this, in line with the provisions of the collective bargaining agreement.

• Work schedule and rules regarding availability within that schedule.

• Percentage and distribution of remote work versus in-person work, as well as the company center where in-person functions will be carried out.

• Means of control by the company.

• Duration of the remote work agreement and the situations for exercising reversibility, in accordance with the criteria set out in the collective agreement.

• Procedure to follow in the event of technical difficulties that prevent teleworking.

• Company instructions regarding data protection and information security applicable to remote work.

No. As it is optional, the company cannot force workers to adopt this type of regime, and vice versa.

In fact, the regulation expressly states that an employee's refusal to work remotely, the exercise of reversibility to return to in-person work, or difficulties related to the change of modality "will not be justifying causes" for dismissal or for a substantial modification of working conditions.

Yes, for all intents and purposes.

Specifically, we must point out that remote workers have the right to the same training, promotion, risk prevention (health and safety), time registration, etc.

Furthermore, the regulation includes the company's duty to "guarantee the right to disconnection," which entails a limitation on the use of business communication and work technology tools during rest periods, as well as respect for the maximum duration of the working day.

In exchange, remote workers have the obligation to comply with the conditions imposed by the company regarding data protection, information security, and the use and care of computer equipment.

The company may adopt the measures it deems "most appropriate for surveillance and control" to verify that the worker is fulfilling their obligations. For this purpose, it is permitted to resort to "telematic means." For example, a company is allowed to access or periodically audit an employee's email, provided a protocol for accessing electronic means has been established beforehand.

A very important one. Collective bargaining agreements will have the capacity to identify the jobs and functions susceptible to being performed remotely, the conditions for access to this modality, and the maximum duration for performing it.

Similarly, they may establish a minimum in-person workday, establish how to exercise the reversibility of the agreement, or even set a percentage or reference period lower than those established by the Royal Decree-Law (30% and three months) for the purpose of classifying it as "regular" remote work.

For example, the Offices and Dispatches agreement affecting many FREMM companies plans to stipulate that workers may only telework a maximum of 4 days a week, and must work in person at least one day a week.

Contracts "for internships and for training and learning," as well as those entered into with minors.

For all of these, it must be guaranteed that at least half of the time (50%) is worked in person, notwithstanding that theoretical training may be carried out telematically.

The law establishes not only the voluntary nature but also the reversibility for both the company and the workers; therefore, either party may decide at any time to annul the telework agreement.

Yes, the company must adequately equip and maintain the worker with all the means, equipment, and tools necessary for the development of the activity.

We must specify that a teleworker cannot be forced to use personal means, but if they voluntarily wish to do so, they have the right to compensation for expenses.

Collective agreements will determine how this compensation is made and establish the mechanism for the payment or compensation of costs. In any case, if there is no regulation, we recommend that it be indicated in the telework agreement to provide security to the parties.

The regulation states that teleworking "cannot imply the assumption by the worker of expenses related to the equipment, tools, and means linked to the development of their labor activity," but leaves it to collective agreements to establish "the mechanism for the determination and compensation or payment of these expenses."

As we are accustomed to with labor regulations, the administration wants to know which workers are teleworking. Therefore, it is established that companies that do not formalize the remote work agreement in writing with workers may be fined up to 6,250 euros. This is considered a serious offense (falta grave) according to the regulation, which modifies the Law on Infractions and Sanctions in the Social Order (LISOS).

Effectively, there is a right to digital disconnection outside of working hours. And the company is obliged to draft a disconnection protocol that also includes management personnel.

HOW TO DRAFT A DIGITAL DISCONNECTION PROTOCOL

ACCESS TO THE SERVICE TO CREATE A REMOTE WORK AGREEMENT

This protocol applies to every company, whether it has in-person workers or remote workers.

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