The telework that Spanish companies and workers have incorporated in a massive way since last March to maintain their activity while they comply with mobility restrictions, already has a regulation that must be adapted to their day-to-day life in the coming years.
Whenever the activity allows it
(not all jobs can be carried out remotely), companies and workers must negotiate and put into writing an agreement that establishes the bases for undertaking it, complying with the new standard and its principles of
voluntariness and reversibility
, among others.
Of course,
for companies and workers that have already implemented remote work
in recent months, the ordinary labor regulations will continue to apply, although they are obliged to provide the means, equipment, tools and consumables that remote development requires. , as well as the maintenance that is necessary ”.
Compensation of expenses is at the expense of collective bargaining.
For companies that already have teleworking regulations in writing, the obligation to adopt all the new features of the law will arrive at the moment in which the agreements lose their validity.
If these agreements do not have an expiration period
, the rule will be fully applicable after one year to three.
.
Beyond the possibility of working remotely,
the norm has a great impact due to its influence on the ability of companies
to organize their activity and the conditions that they set to do so.
Yolanda Díaz, Minister of Labor, has promoted it through the urgent route within three months and with the support of businessmen at the last minute.
Diaz had warned that she was not willing to wait any longer for approval.
The Labor Minister has not diminished the importance of the new law.
Putting it in perspective, he has advanced that
"inaugurates a wave of reforms of the Ministry aimed at the XXI century."
"Everything is going to change, the bargaining structure in collective agreements but also the 'modus operandi' of the development of our jobs."
Precisely this possibility
that the demolition of the labor reform announced by Yolanda Díaz months ago is undertaken piece by piece instead of with a single rule
is what has employers more than on guard in the face of initiatives that come from Labor.
The law reduces competences to companies in their ability to organize work in their businesses and renders without effect others such as firing workers who voluntarily take up telework but do not adapt and demand that they return to the office.
The rule establishes the need to sign an agreement with the employee
who will telecommute more than 30%
of the day during a three-month period and the employer's obligation to pay the expenses that may be incurred.
Remote work will be voluntary and reversible for both the worker and the company, and will not impair the rights of those who do it with respect to the rest of the workers under conditions such as pay, job stability, time of work, training and career advancement.
According to the criteria of The Trust Project
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