New teleworking law

New teleworking law 10/2021. Teleworking was regulated by RDL 28/2020 , which after its passage through Parliament has given rise to Law 10/2021, of July 9. It introduces some modifications to the initial text, highlighting those referring to the reasons for discrimination that workers may suffer and the penalty system.

This Law defines the concepts of teleworking and telecommuting, regulating in a single rule the use of these new forms of providing work as an employee.

We remind you that it will be understood as regular telecommuting if, in a reference period of three months, a minimum of 30% of the working day, or the equivalent proportional percentage depending on the duration of the employment contract, is provided.

 

New teleworking law

Novelties introduced by Law 10/2021 with respect to Royal Decree Law 28/2020.

Regarding teleworking

• The domicile of reference for the purposes of considering the competent labor authority and the applicable public services and programs for the promotion of employment is considered to be the one that appears as such in the employment contract. Failing this, the domicile of the company or the physical work center or place of work will be considered as such.
• Companies are obliged to avoid any direct or indirect discrimination. Particularly those related to sex, age, seniority or professional group or disability, of persons providing remote services. Ensuring equal treatment and the provision of support, making reasonable adjustments as appropriate. Likewise, companies are obliged to take into account teleworkers or telecommuters and their work characteristics in the diagnosis, implementation, application, monitoring and evaluation of equality measures and plans.
• The right of telecommuters to the sufficient provision and maintenance of means, equipment and tools is recognized. In the case of disabled workers, the company shall ensure that such means, equipment and tools, including digital ones, are universally accessible. To avoid any exclusion for this reason.
• The evaluation of risks and the planning of the preventive activity of remote work must take into account the characteristic risks of this modality of work. Paying special attention to the psychosocial, ergonomic, organizational and accessibility factors of the actual working environment. In particular, the distribution of the working day, availability times and the guarantee of breaks and disconnections during the working day must be taken into account. Likewise, the risk assessment should only cover the area set aside for the provision of services. Under no circumstances should it be extended to the rest of the areas of the home or the place chosen for the development of remote work.

Regarding the employer’s faculties of control

It is established that the company will be able to adopt the measures that it considers more opportune of monitoring and control to verify the fulfillment by the worker of his obligations and labor duties. Including the use of telematic means. Keeping in its adoption and application the consideration due to their dignity and taking into account, where appropriate, their personal circumstances. Such as the concurrence of a disability.

 

Penalty regime

This Law came into force the day after its publication in the Official State Gazette. Except for section two of the first final provision, which modifies article 40 of the revised text of the Law on Infractions and Penalties in the Social Order. Approved through RDL 5/2000, which establishes the amount of the sanctions for infractions committed in the Social Order. It will enter into force on October 1, 2021.

The aforementioned amendment increases the amounts of the penalties. It is worth highlighting the new sanctioning amounts of the infractions in matters of Occupational Risk Prevention:

• Minor penalties, in different degrees:
  • in its minimum degree, with a fine from 45 € to 485 €.
  • in its medium degree, from 486€ to 975€.
  • and in its maximum degree, from 976€ to 2.450€.
• Serious penalties with a fine:
  • in its minimum degree, from 2.451€ to 9.830€.
  • in its medium degree, from 9.831€ to 24.585€.
  • and in its maximum degree, from 24.586€ to 49.180€.
• Penalties considered as very serious with a fine:
  • in its minimum degree, from 49.181€ to 196.745€.
  • in its medium degree, from 196.746€ to 491.865€.
  • and in its maximum degree, from 491,866€ to 983,736€.

Whatever the case of your company, do not hesitate to contact us.

 

 

 

 

Arrabe Integra

Labour and HR Management Consulting