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What it is

New rules for remote work and changes to the minimum vital income

BOE step 7 of 7 · Passed

It is a royal decree-law. It was introduced on 23 September 2020. Introduced by: Gobierno.

Official title: Royal Decree-Law 28/2020, of September 22, on remote work.

Source: Congreso de los Diputados, file 130/000029· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law applies to regular remote work: work done away from the workplace for at least 30% of the workday over three months. It distinguishes remote work, telework (using computer means), and on-site work.
  2. Remote work is voluntary for both the worker and the employer, and a written agreement must be signed before it starts. The agreement must cover, among other things, the equipment provided, expense compensation, working hours, and the work location.
  3. Minors and people with internship or training contracts must work on site for at least 50% of their workday.
  4. Remote workers have the same rights as on-site workers: same pay, training, career advancement, and collective rights. The employer cannot penalize them for refusing to telework or for returning to on-site work.
  5. The employer must provide and maintain the necessary equipment and pay or compensate remote work expenses. Working time records must be kept, and flexible hours are possible as agreed.
  6. Health and safety rules apply, with risk assessment limited to the work area of the home. Workers keep rights to privacy, data protection, and digital disconnection outside working hours, and the employer cannot require installing programs on personal devices.
  7. Access to the minimum vital income (Ingreso mínimo vital A Social Security benefit for households in economic vulnerability.) is streamlined: ex officio recognition is expanded, INE census data is used to verify information, and applications filed before January 1, 2021 can have effects from June 1, 2020.
  8. The law takes effect 20 days after publication in the BOE, although several provisions on the minimum vital income and other measures take effect on the day of publication.

Who it affects

  • People who work remotely or telework regularly: They must sign a written agreement, receive equipment and expense compensation, and keep all their labor rights.
  • Employers with remote staff: They must formalize written agreements, cover equipment and expenses, and respect digital disconnection and health and safety rules.
  • Minors and people with internship or training contracts: They cannot work remotely for more than half of their workday.
  • Applicants for the minimum vital income: Processing is streamlined and retroactive effects for applications are expanded.
  • Public administration employees: They are governed by their own specific rules, not by this law.

Words worth knowing

Trabajo a distancia
Work regularly performed at the worker's home or a place chosen by the worker, instead of at the company's premises.
Teletrabajo
Remote work performed mainly using computers and telecommunication means.
Reversibilidad
The right to switch back from remote work to on-site work.
Ingreso mínimo vital
A Social Security benefit for households in economic vulnerability.
Desconexión digital
The right not to answer work messages or calls outside working hours.

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

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced23 September 2020Someone registers the text in the Congreso.
  2. Admitted29 September 2020The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsno dateGroups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenary29 September 2020All 350 deputies vote.
  6. Senateno dateThe Senate can pass it, amend it or veto it.
  7. BOEno dateIt is published in the Official State Gazette (BOE) and comes into force.
See the 4 official steps on a timeline
Sept 202011. 23 September 2020: Presentación22. 29 September 2020: Calificación33. 29 September 2020: Pleno Convalidación desde 29/09/2020 hasta 15/10/202044. 15 October 2020: Concluido - (Convalidado y tramitado como Proyecto de Ley) desde 15/10/2020 hasta 22/10/2020

15 October 2020

How did the plenary vote?

More votes in favour 339 yes · 7 no · 1 abst.

Voted on: Proceeding as a Government bill by the urgent procedure of Royal Decree-Law 28/2020, of September 22, on remote work.

This law had 2 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 7 of sitting 50· updated 11 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Republicano, Socialista, Vasco (EAJ-PNV), Mixto, Ciudadanos, Gcup-ec-gc, GPlu, Popular en el Congreso and VOX. Against, most of Euskal Herria Bildu. 5 deputies voted differently from their group.

By province: in 52 most voted in favour; in 0, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 52
  • Against: 0
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
1 in favour · 4 against
Republicano13
13 in favour
Socialista120
120 in favour
Vasco (EAJ-PNV)6
5 in favour · 1 did not vote
Mixto9
6 in favour · 1 against · 1 abst. · 1 did not vote
Ciudadanos10
10 in favour
Gcup-ec-gc35
33 in favour · 2 against
GPlu12
12 in favour
Popular en el Congreso88
88 in favour
VOX52
51 in favour · 1 did not vote

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

Published in the BOE: Royal Decree-Law 28/2020, of September 22, on remote work.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.