Rules for remote work: voluntary agreement, written contract and equal rights

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1. The law applies to regular remote work: work performed away from the workplace for at least 30 percent of the workday over a three-month reference period, or the proportional equivalent based on the length of the contract.
2. Remote work is voluntary for both the worker and the employer, and a written agreement must be signed before it starts. Refusing remote work, returning to on-site work, or having technical difficulties cannot be grounds for dismissal or forced changes to working conditions.
3. The written agreement must include, at minimum, an inventory of equipment, expenses and their compensation, the schedule, the percentage of on-site work, the workplace location, reversal rules, company control measures, and the agreement's duration.
4. Remote workers have the same rights as on-site workers: same pay, training, promotion, company-paid equipment, expense compensation, flexible hours, time recording, occupational risk prevention, data protection, the right to disconnect, and collective rights.
5. Minors and workers on internship, training, and apprenticeship contracts may only work remotely if they keep at least 50 percent of their work on site.
6. The company cannot require workers to install programs on their personal devices or use them for work. The risk assessment only covers the area of the home set up for work, and any preventive visit requires the worker's permission.
7. Failing to formalize the remote work agreement as required becomes a punishable labor offense, and an urgent court procedure is created for claims about access to, reversal of, and changes to remote work.
8. The law also changes the minimum vital income (ingreso mínimo vitalIngreso mínimo vital A Social Security benefit for households in economic vulnerability.) to speed up access: ex officio recognition, use of municipal registry data without the consent of other residents, and retroactive effects to June 1, 2020 for applications filed before January 1, 2021.

Who it affects

• People who work remotely on a regular basis: They are entitled to a written agreement, the same rights as on-site workers, and company-paid equipment and expenses.
• Companies with remote workers: They must sign the written agreement, cover expenses, guarantee the right to disconnect and risk prevention; otherwise they can be fined.
• Minors and workers on internship or training contracts: They may only work remotely if at least half of their workday stays on site.
• People applying for the minimum vital income: The process is streamlined, and applications filed before January 1, 2021 can have effects from June 1, 2020.

Words worth knowing

Acuerdo de trabajo a distancia

Written document signed by the worker and the company setting the conditions for working away from the workplace.

Reversibilidad

The right of the company or the worker to switch back from remote work to on-site work.

Desconexión digital

The right not to answer work messages, calls, or emails outside working hours.

Ingreso mínimo vital

A Social Security benefit for households in economic vulnerability.

Evaluación de riesgos

An analysis the company performs to identify workplace hazards and decide how to prevent them.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries