Last Saturday, July 10, the Law 10/2021 on distance work, which has entered into force with effect from July 11, 2021 and has been validated by the Congress of the Royal Decree-Law 28/2020 of September 22, highlighting how main novelties el establishment of reference address For the purposes of considering the competent Labor Authority and the applicable public employment promotion services and programs, which will be the one that appears as such in the employment contract, and failing that, the domicile of the company or the center or physical place of job.
Another novel aspect in Law 10/2021 is detailed in article 4 in its third section, which refers to the causes of discrimination: sex, age, seniority or professional group or disability, ensuring equal treatment and the provision of support.
The right to sufficient provision and maintenance of means, equipment and tools for the development of the regulated activity In article 11 of the Law, it incorporates the obligation on the part of the employer that the aforementioned media be universally accessible for people with disabilities, in order to avoid any social exclusion.
The health crisis has made remote work appear as an effective mechanism for maintaining activity and avoiding the spread of the virus, while at the same time requiring a more specific regulation of this modality, definition, agreement, rights, organization and control.
When is teleworking considered?
When the worker develops at least 30% of the working day during a period of three months under this modality
Remote work agreement
Voluntary nature for both parties, with a written agreement with a minimum content and reversibility.
Rights of teleworkers
- Guarantee the right to training and professional promotion.
- The worker has the right to means, equipment and tools necessary for the development of the activity.
- Flexibility and time registration
- Prevention of occupational hazards
Faculties of organization, management and business control in remote work
- The worker must comply with the instructions established by the company within the framework of the legislation on data protection, as well as on information security.
- Conservation of computer equipment or tools.
- Business control through surveillance and control measures
Joaquín Gavilá Cell
Head of the Labor Department Carrau Corporación