Spain: the government presents its remote working reform

On 22 September, Spain’s government approved a decree-law on remote working, the major thrusts of which were negotiated with trade union and employers organizations. The text defines remote work and provides a framework for ways in which; businesses can make the means for remote working available, compensation can meet the related expenses incurred, and employees’ working activity can be managed. The text provides for a transition phase as it enters into legal force, so that companies which have already accelerated their recourse to remote working as part of coping with the pandemic, can more readily adjust to the new rules.
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Article updated on 23 September to incorporate clarifications following the publication on the same day of the decree-law (here).

Main points of the decree-law:

Definition for remote work. The text establishes that for employees to come under this remote working text they have to carry out remote working for at least 30% of their working time over a period of three months. I.e. employees will have to be working away from their regular place of work for at least two days out of five, or the equivalent, depending on the duration of the individual employment contracts.

Remote working must be voluntary and both the company and the employee must agree on the terms and conditions.

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