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How To Apply Employment Law For Remote Work In Spain?

Due to the Covid-19 pandemic, there has been an increase in people doing remote work. That is why a new law was created whose purpose is to regulate remote work in Spain. There are five requirements or problems that have been the main motivation for the creation of this law. All workers must be aware of the Spanish employment law to avoid any type of labor dispute.

In this article, you will see all the necessary information about the employment law in Spain; specifically, the section that deals with remote Work in Spain. We are going to focus on making clear what are the key elements of the new Spanish labor law for all people who work from home.

  1. Learn what are the key elements of the new work-at-home law in Spain
  2. Hire compliantly with IberiaEOR

1. Learn what are the key elements of the new work-at-home law in Spain

In the year 2020, a new law regulating remote work was introduced in Spain. In this article, we will talk about the 5 key requirements of that law for both employers and employees. This happens due to the COVID-19 pandemic, which has meant a massive acceptance of remote work all over the world.

Thanks to this, different laws regarding remote work in Spain were made. In this way, it seeks to guarantee a proper practice of remote work. In addition, you can also find yourself working remotely from Spain if you comply with all the provisions. For this reason, see the following items regarding remote work in Spain.

 Remote Work Agreement

The new law has a central element which is the obligation that the employee and the employer make a written agreement. In this way, it will be possible to establish all the conditions of remote work. Now, with prior agreement, the worker will have 10 days to send them to their representatives. Then, they will deposit a copy in the work office.

This agreement must have mandatory clauses that establish:

  • What is the location of the remote work.
  • An inventory of all tools and equipment for remote work.
  • The work hours agreed upon and the employee’s availability.
  • The control and/or monitoring that the employee will have.
  • How long will the telework contract last.
  • The right of the employee to disconnect at any time of the day.

 Reimbursement of expenses

Thanks to remote work, the employee will make several expenses that the employer usually does. A clear example of this is the consumption of the internet and electricity to carry out their work. However, now with the new law of remote work in Spain, it is established that the employee must be compensated for this type of expense.

Now, the correct way in which this will be compensated will have to be established in the remote work agreement.

 Control, Surveillance, and Monitoring of Employees

When working on the site there is some supervision and control by management. Therefore, remote work arrangements are not entirely obvious in how to monitor the actions of employees. In Spain, the remote work law does not specify how employees must be supervised, but the parties must reach an agreement on the method to be followed.

 Right to Disconnect

In remote work, there is no physical boundary between work and life. Therefore, there must be a structure that allows the individual to disconnect from their work environment.

 Safety and Health

According to the remote work Spain law, the employer must assess the risks of the work environment. In this way, you will be able to assess any impact on the safety and health of the employee. Here, both parties will need to come up with some way to deal with these risks. It is important to note that the workspace assessment will only cover workspace related to remote work.

2. Hire compliantly with IberiaEOR

If you want to hire staff both locally and internationally, EOR services are very useful. For this reason, go to IberiaEOR and enjoy the benefits of these services provided by professionals. In addition, you can contact us via email at contact@iberiaeor.com.

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