The keys to the Royal Decree Law 28/2020 on remote work

The Government has approved in the Council of Ministers Royal-Decree Law 28/2020, of September 22, on remote work. This standard develops the modality of distance work in the private sector, the obligation of companies to provide the necessary means and to defray the expenses related to the development of the activity, as well as the rights and duties of workers who telework regularly.

We recall that telework is a form of organization and / or performance of work, which uses information technologies within the framework of an employment relationship, in which a job that could be carried out from the company's facilities is carried out outside of them on a regular basis.

Aspects to highlight of the standard:

1. Voluntariness and reversibility of telework: distance work will be voluntary for the worker and for the company, as well as reversible. The worker's refusal to work remotely shall not be a justifying cause for a substantial modification of the working conditions or for the termination of the contract.

2. Individual distance work agreement: the company is required to sign a written agreement with each worker within a period of 3 months that must contemplate the specificities derived from the work, which may form part of the employment contract or be carried out at a later time, but that must be formalized before the distance work begins and registered with the Employment Office. This requirement is enforceable and punishable (RDL 5/2000, of August 4).

The minimum mandatory content must respond to at least 10 elements:

• Inventory, means and tools that the worker uses at home.
• Enumeration of expenses.
• Work hours of the worker.
• Percentage and distribution between face-to-face work and remote work.
• Work center of the company and place of remote work.
• Duration of notice period for reversibility situations..
• Means of business control.
• Procedure to follow in case of technical difficulties that prevent work.
• Instructions for compliance with data protection and information security.
• Duration of the remote work agreement

3. Days of teleworking: for a worker to be able to benefit from the teleworking regulations, they must carry out 30% of their weekly working hours remotely for a period of three months, that is, at least two days a week.

4. Telework costs: the worker will be entitled to the payment of expenses related to equipment, tools and means linked to the development of their work activity. Thus, a mechanism must be established to determine and compensate or pay the expenses related to telework in the collective agreement or in an agreement between the company and the legal representation of the workers.

5. Equal treatment between workers and teleworkers: employees who present their services remotely will have the same rights and may not be prejudiced in any of their working conditions, including pay, job stability, working time, training and professional promotion.

6. Business control: the company may "adopt the measures it deems most appropriate for surveillance and control" to verify the compliance of workers with all their obligations and labor duties, but with due consideration for their dignity.

7. Provision of equipment: companies will be obliged to provide the means, equipment, tools and consumables required for the development of remote work, as well as the necessary maintenance. The collective bargaining agreements or agreements may establish the mechanism to determine and pay the corresponding expense compensation.

8. Minors and training: in employment contracts with minors and in internships and for training and learning, you can only reach a distance work agreement that guarantees at least 50% of the provision of services in person.

9. Workers' rights:

• Right to digital disconnection outside of working hours and respect for the maximum duration of the day.
• The right to privacy and data protection. The company may not require the installation of programs or applications on devices owned by the worker, or the use of these in the development of remote work.
• Right to the application of preventive regulations and protection in matters of safety and health at work. The risk assessment should only affect the authorized area where the services will be provided.
• Right to flexible hours respecting the mandatory availability times and breaks established by law.
• Right to time registration: the time registration system must include the start and end time of the day, as well as accurately reflect the time during which the worker performs remote work.

Entry into force: the distance work agreement must be formalized within 20 days from the publication of this Royal Decree.

For any clarification or doubt, you can contact the Labor Department of CINC Asesoría (trabajo@cinc.es).