How does Law 10/2021 of July 9, on Remote Work, work?

Law 10/2021 of July 9, on Remote Work, is applicable to those employment relationships when they are developed remotely on a regular basis . It is understood that remote work is regulated if, in a reference period of 3 months, a minimum of 30% of the working day is provided, although collective agreements or agreements may regulate a lower percentage or reference period.

To understand Law 10/2021 , it is essential to distinguish between three concepts: teleworking, remote work and in-person work.

• Remote Work: It is a form of organizing work or carrying out work activity that is carried out from the worker's home or from the place chosen by him, during the entire day or part of it, on a regular basis.
• Teleworking: It is a form of remote work in which the use of computer, telematic and telecommunications systems is an essential element for carrying out work activity.
• In-person Work: It is the traditional modality where the work activity is carried out in the work center designated by the company.

Main points of the Remote Work Law

Law 10/2021 establishes several key provisions to ensure that remote work is carried out equitably and fairly:

• Voluntary and reversible agreement: Remote work must be voluntary for both the worker and the employer. In addition, this modality is reversible, allowing both parties to return to in-person work through an agreement.
• Obligation to formalize in writing the agreement establishing regular remote work: It may form part of the initial employment contract or be incorporated later, but it must always be concluded before remote work begins. This agreement must be sent to the employment office. Failure to formalize the remote work agreement is punishable by a financial fine of 751 to 7,500 euros.
• Equal rights: Remote workers have the same rights as in-person workers, including equal access to training, professional promotion, and the receipt of equivalent remuneration.
• Provision of resources: The company must provide, maintain and assume the costs related to the equipment, tools and means necessary for remote work. This also includes connection costs and equipment maintenance.
• Right to digital disconnection: Workers have the right to disconnect from digital devices and business media outside of their established working hours, to guarantee respect for their rest and vacation time.
• Work control: Companies can adopt the measures they deem most appropriate to control the worker's compliance with the work activity, including the use of telematic means, always respecting the worker's dignity.
• Prevention of occupational risks: The company must guarantee the safety and health of remote workers, carrying out a risk assessment of the work area and adopting appropriate preventive measures.

Worker rights

The law establishes a series of specific rights for remote workers, in addition to those mentioned above:

• Right to flexible hours: Within the limits established by the remote work agreement, workers can organize their work schedule flexibly.
• Right to information and participation: Remote workers have the right to be informed about available face-to-face job vacancies, as well as to participate in the company's activities and training programs.
• Data protection: The company must guarantee the privacy and protection of workers' personal data, ensuring compliance with data protection regulations.

Penalties for non-compliance

Law 10/2021 also contemplates sanctions for companies that do not comply with the established provisions. The main sanctions include:

• Fines: Violations related to non-compliance with the rules on remote work may be punished with financial fines. These fines vary depending on the severity of the infraction, and can range between €70 and €225,018.
• Obligation to rectify: In addition to fines, the company may be required to correct any deficiencies or non-compliance detected, such as providing the necessary equipment or adjusting working conditions to comply with regulations.
• Civil liability: In cases of damages or losses caused by failure to comply with business obligations regarding remote work, companies may face civil liability claims.

Law 10/2021 of July 9, on Remote Work, is a regulation that establishes a clear and detailed legal framework for remote work in Spain. Through this law, it seeks to guarantee that remote work is carried out under equitable conditions, ensuring the protection of workers' rights and establishing the responsibilities of employers.

With a focus on equal rights, provision of means, digital disconnection and prevention of occupational risks, this law aims to adapt to the new realities of the world of work and promote a more flexible and safe work environment for everyone.