Regular remote work in Spain has specific regulation that goes well beyond an informal arrangement between employee and employer: it requires specific formalities and recognizes financial rights that many workers are unaware of.
When this specific regulation applies
The specific remote work regulation applies, generally speaking, when telework is carried out for a significant percentage of the working day (a minimum threshold set by law, calculated over a defined reference period), not to occasional or one-off instances of working from home that don't reach that threshold.
The remote work agreement: mandatory and in writing
When this regulation applies, it's mandatory to formalize a written remote work agreement before this arrangement begins. It must include items such as an inventory of the equipment and tools needed, working hours, the percentage and split between on-site and remote work, and the workplace chosen by the employee, among other minimum required contents.
The right to expense compensation
One of the most important rights, and one that's often not applied correctly in practice, is the employee's right to have the company compensate expenses arising from working from home (related to the equipment, tools, and resources needed to carry out remote work), under the terms set out in the applicable collective bargaining agreement or the remote work agreement itself, without these costs being allowed to fall on the employee.
Why the collective bargaining agreement is key to knowing the exact amount
The law establishes the principle of expense compensation, but doesn't set a single, universal amount: it's the applicable collective bargaining agreement, or failing that the individual agreement with the company, that must specify the amount or calculation formula for this compensation, which results in considerable variation depending on the sector and specific company.
Equal rights with on-site employees
A remote worker generally has the same rights they would have if working at the company's premises, including the right to training, career advancement, and not suffering any detriment in working conditions simply because of working remotely.
The right to digital disconnection
Linked to remote work, though not exclusive to it, is the right to digital disconnection outside working hours, which means limiting the use of work-related communication technology during rest periods, thereby ensuring respect for the employee's rest time, leave, and vacations.
Review your remote work agreement if you have doubts
If you work remotely on a regular basis without a formal written agreement, or without being compensated for any associated expenses, it's worth formally raising the situation with your company, first checking what your applicable collective bargaining agreement says on the matter.
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