Remote working in Spain (Il Quotidiano del lavoro de Il Sole 24 Ore, 6 November 2020 – Vittorio De Luca, Antonella Iacobellis)

The Spanish Council of Ministers has approved a Royal Decree on remote working “Real Decreto-Ley 28/2020.” These are a set of provisions aimed at balancing employee and employer needs. It was published in the Boe – the equivalent of the Italian Official Gazette, on 23 September 2020.

There are eight points of interest within the Spanish Royal Decree:

1. the law’s scope of application. The Royal Decree explains the law’s scope of application and defines remote working: “remote working is considered regular if it is performed, within a reference period of three months, for at least 30 per cent of the working time, or a percentage proportionally equivalent based on the employment contract’s duration”;

2. the agreement: the decision to work remotely must be the result of an agreement between the employer and employee. This must be formalised in writing, registered with the relevant offices and delivered to the workers’ representatives;

3. the collective bargaining role: the role of collective bargaining is strengthened and must regulate any relevant issues. These issues include the right to disconnection, identification of positions and functions that can be carried out remotely, conditions to access and perform the service through this organisation system, distance working maximum duration, etc.

Read the full version of the article in Italian published by Il Quotidiano del Lavoro – Il Sole 24 Ore.