According to the 2019 Active Population Survey, people who used Teleworking occasionally were 4.8%, being in Asturias 6% of the population the highest and 4% in the Region of Murcia. With the entry of pandemia and confinement the percentage of Spaniards who worked from home has risen to 34% of the total, so the government has decided to regulate teleworking through a royal-law decree. These are the key points of distance work.
Can I force my boss to put me to telework? My boss forces me to work at a distance.
With the entry into force of Royal Decree-Law, the human resources departments of each company are adapting the new law to the contracts that must be made to each worker when it comes to teleworking. And for an employee to work at a distance, a contract must be formalized where the employer and the employee sign , so that everything is regularized.
Now I spend more in light than before. I need a printer to telework, should my boss give me a printer?
Once the contract is formalized and signed by the parties, the employer must pay all the expenses that may cause, but what exactly expenses should the employer assume? You must provide the media employee , tools, consumables and tools, just as if they were in their workplace. A mechanism must be created to determine and pay or compensate for related expenses through the collective agreement or agreement between the company and legal representation of the workers. Therefore, if you need a printer or folios to be able to print, the entrepreneur must give you one.
The negotiation of what enters or not within "providing the media employee, tools" will generate many administrative charges within the company, such as legal procedures, and the Ministry of Labor estimates that companies will have expenses that will amount to almost 800 million euros.
To declare a worker in a distance working situation, he must count, in a three -month reference period, at least 30% of his workday or the proportional equivalent to the duration of the employment contract. If you work 40 hours per week, so that you are considered an employee with a distance work, you must work a minimum of 12 hours a minimum.
When will I finish teleworking? When does my work day end? Does lunch time have digital disconnection or rest time?
The teleworking contract will be voluntary between worker and entrepreneur, but at any time it can be reversed .
Employees will have the right to digital disconnection outside their work schedule. But how are you going to control? It is the duty of the entrepreneur to guarantee the limitation of business and work communication during breaks. Likewise, the managers, prior hearing of the legal representation of the working persons, will decide the modalities of the right to disconnection to avoid the risk of computer fatigue. In those contracts that have its total or partial working day as a distance work, digital disconnection will be preserved. In addition, collective agreements or agreements will guarantee the effective exercise of both digital disconnection and compatibility with rest times , therefore lunch or stops within the working day counts as rest times.
The company must adopt measures to monitor and control the working hours, to verify that the workers fulfill their obligations and duties, including the use of telematic means, and must save the dignity of the worker and the capacity of teleworkors with disabilities.
Will I lose rights if I am working at a distance from home?
People who work within the physical company will have the same rights as those who do their work from home. To have the same rights, the company must ensure that teleworkors can participate in legal representation activities, such as the right to vote in elections to legal representatives.
According to Antonio Garamendi , president of the Spanish Confederation of Business Organizations, we must be attentive to the dysfunctions of the new Law. He says that companies cannot be demanded so much, since the work carried out by a teleworkor for the company can be a worker of both Spain and Portugal or Mexico, where salaries are lower.
The law has entered into force on October 13, 2020 and can be expanded over the next 3 years for the NORM to adapt in a stable way for all.
Gowtech can help you on teleworking , such as in the time control of your employees by creating an online application or an online application where you can sign a document between company and worker. Do not hesitate to contact us.
