Many companies today are faced with the need to implement teleworking or to start organising themselves in order to consolidate it as a system of operation. In these cases, doubts may arise about the current legislation, and the need to adapt in certain aspects, to avoid making mistakes or infringements, as well as to protect themselves as a company. What regulations should be taken into account to implement teleworking in your company?
What regulations should you take into account when implementing telework in your company?
First of all, it must be taken into account that the telework agreement must be mutual according to the law. Moreover, the agreement must be in writing and must be drawn up before teleworking begins.
The regulation of teleworking, approved in September by Royal Decree-Law 28/2020, finally culminated its parliamentary process with the approval of Law 10/2021 on teleworking, published in the Official State Gazette of 10 July 2021.
In general, however, the law did not introduce significant novelties with respect to the initial regulation. However, there were some minor changes in the following cases:
- It establishes the obligation of companies to avoid any direct or indirect discrimination against workers who provide remote services, not only on the basis of gender, but also on the basis of age, seniority, professional group or disability. In this respect, they must ensure equal treatment and the provision of support, as well as reasonable accommodation as appropriate.
- In the case of workers with disabilities, the company shall ensure that the means, equipment and tools for remote work (including the digital ones) are universally accessible in order to avoid any exclusion for this reason.
- The risk assessment of the remote workplace should also take into account the accessibility of the actual working environment.
In remote work, the relevant address for the purposes of considering the competent Labour Authority and the applicable public services and programmes for the promotion of employment will be the one that appears as such in the employment contract and, failing that, that of the company’s registered office or of the physical workplace or place of work.
In addition, the amounts of the labour sanctions provided for, in general, in the Law on Social Order Infringements and Sanctions have been updated.
The Law updates the amounts of the general labour sanctions provided for in the Law on Social Order Offences and Sanctions (LISOS), which had not been subject to revaluation since 2000, in an almost linear proportion and which is close to a general increase of 20%.
These new amounts will come into force on 1 October 2021, but it should be borne in mind that offences committed before that date will be punished in accordance with the penalty amounts in force until then.
By way of example, the amount of penalties for serious infringements of labour relations and employment law at the maximum level is set at 7,500 euros (previously 6,250 euros), while very serious infringements at the maximum level are increased from 187,500 to 225,018 euros.
Furthermore, the amount of penalties for occupational risk prevention will be increased to the maximum level of 983,736 euros (previously 819,780 euros).
We hope that these keys have helped you to know the steps to follow and the criteria to assess in order to implement teleworking in your company according to the regulations. Now you may also want to start with professional help. Would you like to receive financial advice from 347 Asesores? Get to know us and discover our services available online and in person.