The Official State Gazette (BOE) publishes the final text of the Remote Work Law.

Spanish employees who work remotely, and companies that opt for this model or for a hybrid model combined with office work, now have specific regulation in Spain. On July 10, the final text of the remote work law was published in the Official State Gazette (BOE).

This law was already in force, having been approved by Royal Decree last September 23. Parliament (the Cortes) has now validated it and introduced a few minor changes, which concern grounds of discrimination that workers may suffer and, above all, the penalty regime.

Features of the Remote Work Law

• This law applies only to remote workers who perform at least 30% of their working time under this arrangement, measured over a three-month reference period.

• It will be voluntary for both the employee and the company.

• It is governed by an agreement to be annexed to the existing employment contract, or included in new contracts. It would also fall within the scope of collective bargaining, the main reference point for determining the applicable conditions.

• It will be reversible for both the company and the worker, and ceasing to work remotely or refusing to do so cannot be grounds for justified dismissal.

• Equal rights with on-site workers. This is particularly important, since in many cases remote workers are not considered for promotion to the same extent as those who do work in the office.

What the remote work agreement must include

As set out in Article 7 of the law:

• An inventory of the means, equipment, and tools required to perform the agreed remote work, including consumables and furniture, as well as their useful life or the maximum period for their renewal.

• A list of the expenses the worker may incur as a result of providing services remotely, as well as the method for quantifying the compensation that the company is required to pay and the timing and manner of payment, which will correspond to the provision, if any, set out in the applicable collective bargaining agreement or collective agreement.

• The worker’s working hours and, within them, where applicable, availability rules.

• The percentage and distribution between on-site work and remote work, where applicable.

• The company’s workplace to which the remote worker is assigned and at which, where applicable, they will perform the on-site portion of their working time.

• The remote work location chosen by the worker for performing remote work.

• The length of the notice periods for exercising reversibility, where applicable.

• The means used by the employer to monitor the activity.

• The procedure to be followed in the event of technical difficulties that prevent the normal performance of remote work.

• Instructions issued by the company, with the participation of the workers’ legal representatives, on data protection, specifically applicable to remote work.

• Instructions issued by the company, after informing the workers’ legal representatives, on information security, specifically applicable to remote work.

• The duration of the remote work agreement.

Penalties under the Remote Work Law

It should be borne in mind that the penalties will not come into force until October 1.

They are set out as follows:

• Minor offenses will be punished with fines of €70 to €750.

• Serious offenses will carry fines of €751 to €7,500.

• Very serious offenses may carry fines ranging from €7,501 to €225,018.

Penalties for serious or very serious offenses may be increased progressively if two or more workers are affected. The aim of these penalties is to ensure that companies take their obligations seriously and comply with the law.