Ley 10/2021 of 9 July on remote work sets the rights and duties of those who work away from the employer's premises. This lesson summarises the points that most affect safety and health.
What remote work is and what teleworking is
- Remote work: work carried out at the worker's home or at a place chosen by the worker, for the whole working day or part of it, on a regular basis.
- Teleworking: remote work done exclusively or mainly by computing, telematic and telecommunication means.
- Regular means working remotely for at least 30 % of the working time over a reference period of three months (or the proportional percentage if the contract is shorter).
It is voluntary and in writing
- It is voluntary for the worker and for the employer. It cannot be imposed by way of a substantial change to working conditions.
- A written remote work agreement must be signed before it starts.
- The employer gives a copy to the workers' legal representatives within a maximum of ten days of signing.
- The agreement includes, among other things, the inventory of equipment, the compensation of expenses, working hours, the percentage of on-site attendance and the chosen place.
Equipment and expenses
- The employer must provide and maintain the necessary equipment, means and tools (article 11). It must also deal with technical difficulties.
- Remote work cannot cause expenses to the worker: the employer pays or compensates them (article 12). The collective agreement can set the mechanism.
Working hours, time recording and switching off
- Working hours can be flexible, under the agreement and the collective agreement, respecting the compulsory availability times and the rules on working time and rest (article 13).
- The working time record must faithfully reflect the time worked, including start and finish (article 14).
- You have the right to digital disconnection outside your working hours (article 18). The employer must draw up an internal policy, after hearing the legal representatives, and provide training to prevent IT fatigue.
Risk prevention in remote work
- You have the right to adequate protection of your safety and health, under Ley 31/1995 and its implementing rules (article 15).
- The risk assessment must take into account the risks specific to remote work: psychosocial, ergonomic and organisational factors, the distribution of working time, availability times and breaks (article 16).
- The assessment is limited to the area set aside for work, not the rest of the home.
- If a visit to the home is needed, your permission is required. If you do not give it, preventive activity can rely on the information you provide, following the instructions of the prevention service.
Collective rights
Article 19 gives you the same collective rights as those who work at the workplace. The employer must give the legal representatives the means to communicate with you.
Your duties
Working remotely does not remove your duties under article 29 of Ley 31/1995: use equipment properly, follow instructions, look after your work area and report risks. If something goes wrong at your workstation, tell the employer through the agreed channel.