The pandemic and the sanitary restrictions imposed to mitigate its effects have led to a change in the dynamics of work relationships, with a substantial increase in distance work and the consequent reflection in the progressive approval of rules for its regulation.
The last one is the recent Law 10/2021, of July 9, on distance work, which comes to replace Royal Decree-Law 28/2020 and which regulates, among other aspects, the content and formalities of the distance work agreement, within which is the telework modality (legally defined as that distance work that is carried out through the exclusive or prevalent use of computer, telematic and telecommunication means and systems).
Thus, the remote work arrangement depends on the joint will of the worker and the company, so it cannot be imposed by any of the parties, and is configured as an annex to the pre-existing employment contract in your case.
Both the agreement and any subsequent modification must be formalized mandatory in writing and communicate to the workers' representatives and the Employment Office. Regarding its content, it must include, as a minimum, the following elements:
- Un Inventory of the means, equipment and tools that the development of the concerted remote work requires, including consumables and furniture elements, as well as the useful life or maximum period for their renewal.
- Enumeration of the spending that the worker may have due to the fact of providing services at a distance and their form of compensation
- Hours work of the worker and within it, where appropriate, rules of availability.
- Percentage and distribution between face-to-face work and remote work, if applicable.
- El workplace of the company to which the teleworker is assigned and where, where appropriate, the part of the working day will be carried out in person.
- Duration of the remote work agreement.
- Duration of notice periods for the exercise of situations of reversibility, in your case.
- Remote workplace chosen by the worker for the development of remote work.
- Means of business control of the activity.
- Procedure to follow in the event of occurrence technical difficulties that impede the normal development of remote work
- Instructions issued by the company, with the participation of the legal representation of the workers, in matters of data protection and information security, specifically applicable in remote work.
Finally, it should not be forgotten that the non-formalization of the distance work agreement in the terms and with the legal and conventionally foreseen requirements constitutes a serious offense, with penalties from € 626 to € 6.250, depending on your graduation.