The draft of the Teleworking Law. Questions and Answers.

Context and development of the new teleworking law

The Government aims to regulate the distance work with its preliminary bill . Businessmen and unions have prejudices before the new law, since they have neither consulted nor knew anything about the preliminary presentation in June.

Current state of teleworking according to legislation

So far we have no law that speaks much of teleworking , with the exception of the Workers' Statute, in the only article 13.

Details of article 13 of the Statute of Workers

In summary in this article, point 1, he tells us that we can choose between working at home as in a place where we choose . In point 2 it tells us that it must be formalized in writing . In 13.3 it tells us that the remuneration must be minimal the total of the professional group and functions that we have established. Likewise, if there was a job to carry out the face -to -face activity, it is the duty of the entrepreneur to communicate it. The entrepreneur must establish the means to ensure access to professional training to favor professional promotion.

Advances in the legislation during the summer

During the summer the parties involved have been sending drafts where many questions have not been resolved, although we do have a preliminary draft.

KEYS OF THE BACK OF LAW

In the draft, in its article 2 it makes a distinction between the word teleworking and distance work , since it is not the same. While the first explains that it is the work that is done through the exclusive or prevalent use of media, telematic and telecommunication systems. The second is the place where we have chosen to perform the activity.

Rights and obligations according to the new law

In its article 3 it tells us that we will have the same rights as if we were working in the company, in addition to not suffering damage both in labor relations, development of the activity, remuneration and in the stability of employment and professional promotion.

Specific articles on rights and procedures

Article 4: Voluntariness. Distance work will be voluntary and will be established by agreement. Practices contracts and contracts for training and learning are exempt from the agreement, except for the telematic development of theoretical training.

Article 5: Priority . Those people will have priority to make their right to the reconciliation of family and work life, those people who sons or daughters until 12 years old, workers who are considered victims of gender violence or victims of terrorism, priority of people request the reversal of people with the right to occupy face -to -face vacancies.

Article 6: Obligations. As I said before, a written agreement must be formalized before the distance work begins. If any change occurs, it must be approved by both the employer and the worker and must be reflected. The company must deliver to the legal representation of the working persons the agreements.

Article 7: In the Agreement, the following information must appear Inventory of what are carried out, both means, equipment and tools and consumables, furniture. Mechanism of financial compensation if any. Schedule and availability of the worker. Name of the assigned company, usual workplace, where appropriate, media of the activity and duration or term of distance work.

Article 8: The change of distance work to the presence and the modification of the percentage of face -to -face is voluntary of the worker . The worker can return to work at a distance a period equivalent to the test. If the company refuses, it must be recorded in writing.

Of article 9 and 10 tells us about the right to training and the right to professional promotion . Where they will guarantee the participation in training and inform how to promote professionally.

Article 11 comments what we had already talked about that the employer must provide us with means and article 12 that we should not assume direct or indirect expenses. What this last article refers to, has eliminated this from the draft since for example the company will not pay us the light, water, internet ... leaves it in the hands of collective bargaining the possibility of establishing "a compensation mechanism" of expenses.

In article 13 he says they are entitled to a flexible schedule , respecting the regulations on time worked and rest. The time control must be faithfully reflected according to article 14.

Right to adequate protection in occupational safety and health (art. 15), where distance work is considered of special danger and forbidden at less age.

Article 17: Right to privacy and data protection . Those who are working at a distance and especially in the teleworking , have the right to digital disconnection.

Article 20 explains that in case of illness or accident of a relative of up to second degree due to consanguinity, or spouse or de facto couple we have an ordinary maximum day of up to 60%. If by force majeure the activity was temporarily interrupted or prevented, included for environmental reasons, the company must provide the activity for a distance work, if possible (art.21).

Entry into force and exceptions

As of October 13, 2020, the law regulating teleworking

Finally, the unions reject that these laws are not applied to the labor personnel of the public administration , since the Government wants to exclude them as well as the officials . Everything means that the government wants to create an exclusive law for public workers.