According to Eurostat figures for the year 2023, more than 3 million Spaniards have a teleworking format, in other words, one in four people can be considered a teleworker. This, at the European level, places us in 13th place among the twenty largest EU countries that opt for teleworking.
In addition, it is worth noting that more than 78% of companies with more than 250 employees allow teleworking, and 34.2% of companies with more than ten employees do, according to the latest 2023 report from the National Statistics Institute (INE).
There is no doubt that teleworking is here to stay. However, this flexible employment model has not only changed the way of working but also the way of managing the jobs themselves. In order to adapt to this new reality, it is necessary to implement and develop new regulations and control measures. These include telework contracts.
First of all, to understand the importance of this management, it is necessary to understand certain concepts and their legislative evolution. For example, although teleworking and remote working may appear to be the same thing at first glance, on paper, they are very different.
In general terms, all telework is a form of remote working. However, not all telecommuting implies telework. In order to be considered as such, it is necessary to have a computer or telecommunication system, as established by Law 10/2021 on Telecommuting.
In addition, to be considered teleworking, the employee must telework more than 30% of his/her working day in a period of three months. From this point onwards, we are talking about teleworking, and that means adapting your contract.
What should a telework contract include?
Companies must manage these contracts rigorously to avoid penalties and ensure an efficient and regulated working environment. The Telework Act itself outlines these points:
- Equipment inventory: List of tools and consumables required, with details of their useful life and renewal.
- Expenses and compensation: Identify employee teleworking expenses and how the company should compensate them, including the method and timing of payment.
- Hours and availability: This section defines working hours, availability rules, and the percentage of face-to-face and remote work.
- Workplace and telework location: Identification of the assigned workplace and the location from which telework is performed.
- Technical problems and data protection: Procedures for solving technical issues and data protection measures involving employee representation.
- Duration of the agreement: Duration of the telework agreement and conditions for its review or modification.
These sections ensure that telework is managed effectively, providing clarity and protecting the rights of the employee and the interests of the company. These rights should be the same as in the workplace, including digital disconnection, equality in training, promotion opportunities, and access to social and team activities.
It should be noted that teleworking is always voluntary. That is, no one can be forced to accept it, nor be penalised for refusing it. However, whenever it is chosen, the company is obliged to cover the expenses generated by the provision of the service.
On the other hand, it is important not to overlook the fact that occupational risk prevention must also include this modality in training actions and evaluations.
Finally, once the teleworking measures have been implemented, the contracts must be reported to the SEPE, as established in Article 6 of the RD-Law on Remote Working.
All these issues must be taken into account and implemented correctly in order to avoid possible sanctions.
What kind of sanctions can a company face?
The amount of a fine imposed on a company varies according to the seriousness of the infringement. The law establishes the following categories:
– Minor infringements: Fines for these types of infringements, in the most extreme cases, are €750.
– Serious infringements: In this case, the fines range from 751 to 1,500 euros for the minimum level, from 1,501 to 3,750 euros for the medium level, and from 3,751 to 7,500 euros for the maximum level.
– Very serious infringements: These penalties can range from a minimum of 7,501 euros to a maximum of 225,018 euros.
The amount of the fine can change depending on several factors, as mentioned above. However, the ideal is to carry out a correct management of telework contracts in order to avoid any type of sanction.
At LEIALTA, we are labor law experts and know that managing these processes can be complex and time-consuming. In addition, it is necessary to know how to act correctly, so our advice is to always have the right advice when carrying out this management. You need a guide to know how to act, prepare these contracts, or communicate them to the corresponding bodies.
If you are looking for expert advice on this matter, you can contact us without any obligation. We will be happy to help you with this and any other matter. Our experience as a comprehensive consultancy is our guarantee, we are waiting for you!
