Summary
As of October 1, the Labour and Social Security Inspectorate of the Government of Spain will apply the 20% increase in the amount of penalties to companies for labour offenses that, for the first time include teleworking, after the approval of the Regulating law. In this way, companies that fail to comply with the Telework Law can face fines of between €70 and €225,018, depending on the degree of violation of the law or the agreement with the worker.
This toughening of the fines for non-compliance by the company applies to any business environment and work modality, whether teleworking or not, since it is a general update of the amount of sanctions, which had been frozen for more than a decade.
What the Government has done is to take advantage of the publication in the BOE (Official State Bulletin) of the Teleworking Law to introduce, in a final provision of the same, the modification of the Law on Infractions and Sanctions in the Social Order, which includes the upward revision of the fines establishing an increase of 20%. In other words, this increase in fines was approved in July but its entry into force was set for October 1 in order to give companies a period of (almost) three months to adapt to teleworking.
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What is considered Teleworking?
According to the new Law, tele-work is "that which is carried out outside the usual establishments and centers of the company" and is provided, in a reference period of three months, a minimum of 30% of the working day or the equivalent proportional percentage according to the duration of the contract. This type of work is voluntary and reversible for both the worker and the employer.
Any breach of the content of the law can lead to a sanction for the company and this can be very diverse, depending on the degree to which the law or the contract agreed with the workers is violated. For example, the content of the law also states that the telecommuting agreement must be in writing. This must include the inventory of the means and expenses required to carry out such remote work, the workplace chosen by the worker, their schedule, the means of business control of the activity and the duration of the agreement. It also states that the development of this professional activity from a distance must be paid for or compensated by the company.
Fines and sanctions
These are the fines that companies have to face from October 1, 2021 for non-compliance with the Teleworking Law:
• Mild: there is a minimum, a medium and a maximum grade. 70 to 150 euros; 151 to 370 euros; and 371 to 750, the maximum.
• Serious: 751 to 1,500 euros (minimum); 1,501 to 3,750 euros (average); and 3,751 to 7,500 euros (maximum).
• Very serious: 7,501 to 30,000 euros (minimum); 30,001 euros to 120,005 euros; and 120,006 to 225,018 euros (maximum).
What companies and freelancers should take into account from the Teleworking Law
The agreement between the company and the worker must state, by law, the following points:
• Costs for the worker and the form of compensation by the company
• Means, equipment and tools necessary to carry out remote work
• Address of the place where the worker will carry out the activity
• Hours of working hours and availability of the worker
• Percentage and comparison of the hours and / or days performed remotely
• Advance notice and deadlines to reverse the remote activity
• Technical means of control of the development of the work activity, established by the company
• Duration of the agreement
Contact Telework Andalucia for legal advice related to remote workers / digital nomads:
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