COVID-19 has forced many companies to reinvent themselves, where teleworking has entered the scene practically by imposition.
Furthermore, the rush andorra email list 24290 contact leads to implement it has left many questions in the air that are already being addressed legally.
The haste with which teleworking has been implemented in Spain has generated an environment of legal vacuum in which many employees are unaware of their rights and obligations, as well as what conditions should be negotiated in company-employee agreements .
Therefore, in this post we will answer all your questions. Pay attention!
Start of marked textShare! Legal uncertainty in teleworking comes to an end with the remote work law. Resolve your doubts!End of marked text
Rights and responsibilities of teleworking: company vs. employee
During the state of emergency , many companies urgently sent their employees to work from home, but they did so without previously agreeing on the conditions under which they would carry out their work.
To avoid abuse, the Draft Law on remote work puts an end to this uncertainty, establishing a series of rights and obligations where the agreement between the company and the worker establishes the establishment of measures. With the law in hand, we will resolve the most frequently asked questions about the conditions under which remote work should be carried out.
Workers' rights in teleworking
1. The worker can request teleworking due to force majeure
According to article 34.8 of the Workers' Statute, the employee may request the company, in writing, to adapt his or her working hours to reconcile family, work and personal life. The company must respond to this request within 30 days .
In these cases, the employee can request access to teleworking for a large part of the working day (up to 60%), invoking family force majeure in the case of illness or accident of a relative up to the second degree. However, there is a limit to this right: the adaptation must be “technically and reasonably possible”.
2. The right to digital disconnection is guaranteed
This right arises in response to the not-so-new reality, where a permanent connection of the user prevails. In this scenario, both the teleworking law and the Organic Law on the Protection of Personal Data and Guarantee of Digital Rights establish the guarantee of the disconnection of workers , which employers must respect.
