ENTRY INTO FORCE OF THE NEW REGULATIONS ON REMOTE WORK TELECOMMUTING

 

The law differentiates three assumptions when determining the moment of application or entry into force of this:

1.       For remote work relationships that were already regulated, prior to the publication of the Royal Decree-Law, by collective agreements or agreements on conditions for the provision of remote services or teleworking.

a.       If the agreements or collective agreements that regulate the provision of remote services have an expressly determined period of validity: the Royal Decree-Law will be fully applicable from the moment in which said agreements or collective agreements lose their validity.

b.       If the agreements or collective agreements that regulate the provision of distance services do not expressly foresee a period of validity: the new regulations on distance work will be fully applicable, one year after its publication in the BOE, Unless the parties that have signed those agreements or collective agreements expressly agree to a longer term, which may be a maximum of three years.

2.       For remote work and telework relationships implemented on an exceptional basis because of the health crisis derived from Covid-19.

a.       In these situations, the ordinary labour regulations will continue to be applied in their entirety. That is, the rights and working conditions (working hours, hours, breaks, salary, supplements, bonuses, etc.) contained in the Workers' Statute, the applicable collective agreement and the employment contract, which came to them being applicable in your employment relationship.

b.       But, in addition, to these distance work relationships are added the application of two rights inherent to distance work relationships:

•   The right to the provision of means, equipment, tools, and consumables by the company. Directly applicable.

•   The right to compensation for expenses derived from remote work. Applicable, if it is established by collective bargaining.

3.       For remote work relationships created after the publication of the Royal Decree-Law, which are not within the previous assumptions.
The new remote work law will apply, 20 days after the publication of the Royal Decree Law in the BOE, that is, on October 13, 2020.