In depth
Below, we share the main provisions:
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Telework can be total or partial. When it is partial, the distribution of the working day must be specified in the employment contract or in the agreement of change of modality. |
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In writing, in physical or digital format.
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The modality of teleworking is voluntary and must be agreed between the parties.
However, for duly motivated reasons, the employer may provide that the employee varies the mode of their work from face-to-face to telework or vice versa.
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- Teleworking outside the national territory
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In the case of provision of services abroad, the parties agree on the specific conditions. In these cases, the corresponding immigration, labor and tax regulations must be complied with.
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The employer is prohibited from entering the place where teleworking is performed without prior authorization of the teleworker. However, the employer retains the right to verify under any face-to-face and / or digital means, compliance with the agreements to perform telework. |
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Technical or connectivity failures cannot be imputed to the teleworker, unless the teleworker fails to report them in a timely manner.
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They are carried out at the beginning of the labor relationship, before changing modality, or when substantial modifications are introduced:
- On the use of digital applications and any digital platform used during the development of their work
- On safety and health in teleworking; adapting such training to the modality of teleworking when appropriate
- On the prevention of sexual harassment in teleworking
- On the use of digital media in terms of personal data protection and digital security and trust
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The teleworker is free to decide the place or places where they regularly perform the telework. The teleworker must set a place as usual, where the employer can reach the employee online.
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- Equipment, internet access, electricity consumption and compensation.
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In principle, equipment, internet access service and/or electricity consumption are provided by the employer. When provided by the employee, these will be compensated. However, the parties may agree that the costs be borne by the employee.
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- Occupational health and safety
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The employer is obliged to identify the hazards and evaluate the risks, as well as to implement the corrective measures to which the teleworker is exposed. The employer can perform the verification directly; or, by mutual agreement, they can implement the self-assessment mechanism.
Accidents which occur in the place of teleworking will only qualify as an accident at work if the worker can prove that the injury or damage to health, occurred in the workplace, during working hours and with the work tools used for their work.
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Through the regulation, new labor infractions are modified and included to sanction non-compliance with the teleworking provisions:
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- Prevent the concurrence of the teleworker in the facilities of the work center for activities of (consultation, trainings, welfare, others).
- Not to consign the minimum data required in the contract of work or in the agreement of the change of modality.
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- Changing the work modality (e.g., face-to-face) to telework or vice versa without agreement of the parties, except in those cases in which the employer makes unilateral changes under its directive power
- Applying the reversion or change of modality without complying with the requirements of law
- Failure to comply with the timely payment of compensation in the corresponding cases
- Failure to comply with the obligations on the provision and maintenance of equipment, internet access service or other working condition
- Not granting to the teleworker the same benefits and/or rights as workers under the traditional work modality
- Changing the nature of the employment relationship, the category, remuneration, benefits and other working conditions previously established without the consent of the teleworker
- Preventing the teleworker from selecting the place or places where teleworking is performed, unless the place or places do not have the necessary digital and communications conditions or represent a risk to the health and safety of the teleworker
- Denying the change of modality without making an objective assessment or not substantiating the reasons that justify refusing the request of the worker
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- Failure to comply with the data privacy requirements in respect of the employees' personal data, subject to the exceptions in the regulation
- Not respecting the teleworker's right to disconnect digitally during their non-working hours
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We hope that this information will be of relevance to you and your company. If you require any further information, do not hesitate to contact us.
Spanish version
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