What legislation regulates remote work in Spain?

Based on the current Spanish legal framework, the regulation of remote work (teletrabajo) is primarily governed by a specific law enacted in 2021, which replaced previous temporary decrees.

Here is the breakdown of the legislation regulating remote work in Spain.

1. Primary Legislation (Private Sector)

The main regulation governing remote work in the private sector is:

Ley 10/2021, de 9 de julio, de trabajo a distancia (Law 10/2021, of July 9, on remote work)

This law consolidated and replaced the previous Real Decreto-ley 28/2020. Its objective is to provide sufficient protection to workers and legal certainty to companies.

Key Aspects of Ley 10/2021:

• Definition of "Regular" Remote Work: The law only applies if remote work is performed on a regular basis. "Regular" is defined as reaching at least 30% of the working hours over a reference period of 3 months (or the equivalent percentage based on the contract duration). Sporadic remote work is not fully covered by this rigorous framework.
• Voluntary and Reversible: Remote work is voluntary for both the worker and the employer. It generally cannot be imposed, and the decision to switch to remote work is reversible by either party (subject to the terms of the agreement or collective bargaining).
• Written Agreement (Acuerdo de trabajo a distancia): It is mandatory to sign a written agreement before starting remote work. This agreement must be provided to the legal representation of the workers and registered with the employment office.
• Compensation for Expenses: The employer must provide the necessary means, equipment, and tools. Furthermore, the employer must compensate for expenses related to the equipment's maintenance. The specific mechanism for this compensation is usually established by the Collective Bargaining Agreement (Convenio Colectivo).
• Equal Rights: Remote workers have the same rights as face-to-face workers, including training, promotion, and collective rights.

2. The Written Agreement Requirements

According to Article 7 of Ley 10/2021, the written agreement must include, at a minimum:

1. Inventory of means, equipment, and tools (including consumables).
2. Enumeration of expenses and the quantification of compensation.
3. Working hours and availability rules.
4. Percentage and distribution of remote vs. in-person work.
5. The specific workplace chosen by the worker.
6. Notice periods for reversibility (returning to the office).
7. Means of business control (monitoring).

3. Public Sector (Civil Servants)

For employees of the Public Administration, the regulation is found in the Estatuto Básico del Empleado Público (TREBEP).

Real Decreto-ley 29/2020, de 29 de septiembre introduced a new Article 47 bis into the TREBEP. This article establishes that remote work in the public sector:

• Must be expressly authorized.
• Is voluntary and reversible.
• Depends on the specific regulations developed by each Public Administration (State, Autonomous Communities, or Local Entities).

4. Right to Digital Disconnection

While reinforced in the remote work law, the fundamental right to digital disconnection is grounded in:

Ley Orgánica 3/2018, de 5 de diciembre, de Protección de Datos Personales y garantía de los derechos digitales (Article 88). (Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights).

Remote workers have the specific right not to respond to communications outside their working hours to ensure work-life balance.

5. Relevant BOE Sources

Here are the official links to the legislation mentioned:

• Ley 10/2021, de 9 de julio, de trabajo a distancia
  • View in BOE
• Texto refundido de la Ley del Estatuto de los Trabajadores (Article 13) (General framework referring to the specific law)
  • View in BOE
• Real Decreto-ley 29/2020 (Public Sector regulation)
  • View in BOE

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Important Note: While Ley 10/2021 sets the legal framework, many specific details (especially regarding the exact amount of monetary compensation for expenses) are determined by Collective Bargaining Agreements (Convenios Colectivos) specific to each industry (e.g., Banking, Consulting, Chemistry). It is highly recommended to review the specific Convenio applicable to the company in question.

Disclaimer: I am an AI assistant. While I strive to provide accurate information based on the Official State Gazette (BOE), laws may change or be interpreted differently by courts. Please verify the latest text in the BOE or consult with a Spanish labor law specialist.