• Yolanda Díaz. The new law on telework: "Companies cannot get away for free"

The Spanish Confederation of Business Organizations (CEOE) and the Spanish Confederation of Small and Medium-sized Enterprises (Cepyme) believe that the draft of the Distance Work Law submitted by the Ministry of Labor and Social Economy to public information is an "unbalanced" text , with an "erratic" approach and "apart from reality" of the Spanish productive fabric.

In a statement, employers have also criticized having conceived the text outside of social dialogue. "It has supported the necessary involvement and participation of the social partners in the economic and social life of the country and has ruined the inspiring principles of the European Framework Agreement on voluntariness, reversibility and agreement," the document said.

For the CEOE and Cepyme, the text is "separated from the reality of the productive fabric and the needs of companies and workers, which far from promoting the use of this form of work organization with guarantees could discourage its establishment in Spain and slow down its consolidation". "As a consequence, it is an approach that does not provide the confidence and security necessary to generate investment and employment," the employers' association warned, after insisting that the necessary debate on regulation "of which it is called has not been opened to be a growing form of work organization. "

Therefore, they have asked Labor to rectify and return to the path of the dialogue table. "Despite the Government's legitimacy to develop its legislative competence alone, it is essential to agree through social dialogue on a regulation that allows teleworking to realize all its potential," they added.

Meeting

In fact, they advocate incorporating "the vector of sustainability" in its spirit and in its articles, promoting the role of collective bargaining for its better adaptation to the different realities that are lived in the different sectors of the economy and society.

From his point of view, the framework must be adequate to " increase the productivity of companies , while improving the situation of workers, family reconciliation, and the ability to adapt to the demands of the new economy," such as It is included in the Agreement for Economic Reactivation and Employment reached last week by the Government and the social partners.

This Wednesday the representatives of CCOO, UGT, CEOE and Cepyme have met with the Ministry of Labor to start negotiating the regulation of telework, a meeting that has concluded with the commitment of the social agents to present their allegations in writing in the coming days. to the draft bill, according to negotiating sources consulted by Europa Press.

The contributions made by unions and employers will be integrated into a new document that will be discussed during a new meeting for which there is no date yet. CCOO and UGT welcome the Government's text, although they believe that it is necessary to improve some aspects.

Government Draft

According to the draft Distance Work Law that has been prepared by the Government and which is framed by the European agreement on teleworking, employees who telework will have the right to "flexible hours" and may "alter" said hours while respecting the regulations on working time and rest, except in the case of the times of compulsory availability or the limits that have been agreed.

In addition, the normative text establishes that the costs that the development of remote work entails for the worker must be borne entirely by the company.

The new law defines remote work as "that work that is provided in the domicile of the worker or in the place freely chosen by him, during all or part of his working day, not occasionally"; and telework as "that work that is carried out through the exclusive or prevalent use of computer, telematic and telecommunication means and systems."

Distance work will be voluntary for the worker and will require a distance work agreement, although internship contracts and training and learning contracts do not support a distance work agreement, without prejudice to telematic development, where appropriate , of the theoretical training linked to the latter.

Likewise, it establishes equality of treatment and non-discrimination, which is why it establishes that people who carry out remote work will have the same rights that they would have had if they provided services in the company's workplace, except for those that are inherent in carrying out the labor provision in the same in person.

In addition, it indicates that they will not suffer prejudice in their working conditions, including remuneration, job stability and professional promotion, due to the fact that they carry out their activity, in whole or in part, remotely.

Flexible schedule

Nor may they suffer any damage or modification in the agreed conditions, particularly in terms of working time or remuneration, due to difficulties, technical or of any other nature, that may eventually occur, especially in the case of teleworking.

Regarding the schedule, the norm includes the "right to flexible hours" and establishes that the person who carries out remote work may "alter" the schedule for the provision of services, although a time record may be established that "faithfully" reflects the time the worker who performs remote work dedicates to work activity, without prejudice to flexible hours.

It should include, among others, the start and end times of the day and the activity sections, the activation and deactivation time of the equipment or the time spent preparing and carrying out the tasks of each of the phases of the processing and delivery cycle.

The preliminary project dedicates a relevant space to the treatment of economic content rights, establishing that the development of remote work "must be entirely paid for by the company, and may not, under any circumstances, be assumed by the person expenses worker, direct or indirect, related to the equipment, tools and means linked to the development of their work activity ".

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