Law 10/2021 applies to regular remote work: work that makes up, over a three-month period, at least 30% of working time (article 1). Telework is remote work done mainly with computer equipment (article 2).
The agreement
- It is voluntary for you and for the employer, and reversible; refusing is not grounds for dismissal (article 5).
- It is signed in writing before you start (article 6) and must include, among other things, the inventory of equipment, the costs and how they are compensated, the working hours and the chosen place (article 7).
Equipment and costs
- The employer must provide and maintain the equipment, tools and means you need (article 11).
- Remote work must not cost you money: the employer pays or compensates the costs (article 12).
- You cannot be required to install software on your own phone or computer or to use them for work (article 17.2).
Prevention at home
- You are entitled to the same protection under Law 31/1995 (article 15).
- The assessment looks above all at psychosocial, ergonomic and organisational factors, and only at the area set up for work, not the rest of the home (article 16.1).
- If a visit is needed, they need your permission; if you refuse, the assessment uses the information you provide (article 16.2).
Working hours and disconnection
Time records must reflect the real time worked, with start and finish times (article 14), and you have the right to digital disconnection outside your working hours (article 18).
In practiceYou start working from home three days a week and nobody has given you anything in
writing. Ask for the agreement before you start: it must state what equipment you get (screen, chair, keyboard) and how much you
are paid for costs.