Spanish Workers’ Statute impact on Teleworking

The Spanish Workers’ Statute impact on Teleworking, recent pandemic brought to light a different way of working with its specific issues.
Article Published: 02 Jul, 2020, Updated: 19 Jan, 2023 under Employment Law

The Spanish Workers Statute is a legislative code applicable to employees who, on a voluntary basis, provide paid services within the scope of organization and management of an employer. Therefore, its main objective is to establish a regulation of the employment relationship between the employer and the employee that arises from the signing of an employment contract

The European Framework Agreement on Teleworking, of July 16, 2002, defines teleworking as a form of organization and/or performance of work, using information technology in the framework of a contract or performance of work, in which work that could also be carried out on company premises is carried out outside these premises on a regular basis. 

The change to teleworking does not affect the employment status of the workers, but only modifies the way in which the work is carried out. Since the company can voluntarily offer the staff teleworking, if an employee who meets the requirements of teleworking accepts the offer, and the company then denies it, they will have to do so in a justified manner.

Recent pandemic brought to light a different way of working with its specific issues, the Spanish Workers' Statute on frontpage due to this new trend.

 

For example, if an employee has a role in the company that, despite meeting the requirements for choosing teleworking, their presence at the premises is absolutely necessary for any reason (let's say, the secretary at the entrance to open the door to greet people that want to enter the company), the company should justify their decision not to concede teleworking to that employee. So, the workers' role within the company may require them to stay at the premises.

On the other hand, it is acceptable to move from teleworking to the traditional working modality in the company facilities as long as the teleworking had not been agreed in the initial contract, but in a subsequent agreement, and always by individual agreement or collective one (European Framework Agreement on Telework 16-7-02 art.3). 

Teleworking allows a variety of work activities - even full-time - for those who are in a situation of absolute permanent disability or highly disabled. Therefore, teleworking is configured as an incentive for the desirable social reintegration of workers with diminished capacity. If the company and the worker agree on the teleworking modality, such agreement must be made in writing. 

By law, remote workers also have the same rights as those who provide their services at the company's workplace. Only those rights that are required to be carried-out in the employer's offices are excluded. For example, the concept of overtime and the employer's obligation to pay them are exactly the same in the case of teleworking as in the case of face-to-face work in company facilities.

You may be interested in the following service...

Client testimonials

Angela was helpful and caring right from the start. My case was with the British Consulate in Malaga and Angela didn't flinch knowing how difficult if not impossible to deal with a government organisation. Angela had supported me mentally as well because of the way I was being treated, and... Read More

Angela was helpful and caring right from the start. My case was with the British Consulate in Malaga and Angela didn't flinch knowing how difficult if not impossible to deal with a government organisation. Angela had supported me mentally as well because of the way I was being treated, and I wasn't mentally capable of making any decision for myself. She guided me to have the confidence to face the challenge ahead, and we finished the case with the compensation and result that I wanted. I will not hesitate to recommend Angela's service to anyone. Thank you Angela, I am grateful for your help and support. Kind regard, Jean

Jean Lai Chan (Jul, 31 2022)
Client testimonials

"I appreciated Inma's ability to explain and provide appropriate solutions."

Sayuri Akimoto (Oct, 08 2021)
Client testimonials

"Inma is an excellent lawyer. She was attentive and concerned that I achieved the best outcome. Its 5 stars for Inma!"

Mark Harrison (Jan, 27 2021)
Client testimonials

Within hours of contacting Advocate Abroad, Inma was in touch with me. My case came at a very unexpected and emotional time, however Inma took control of the situation immediately and was the best support I could have hoped for. She clearly explained each step to me along the way, regularl... Read More

Within hours of contacting Advocate Abroad, Inma was in touch with me. My case came at a very unexpected and emotional time, however Inma took control of the situation immediately and was the best support I could have hoped for. She clearly explained each step to me along the way, regularly updated me out of hours and was professional until the end. I felt very safe with my situation in her hands - she really knows her stuff and I wouldn't hesitate to use her services again.

Stephanie Boyd (Oct, 13 2020)
Client testimonials

"Raffaele exceeded my expectations and always went the extra mile to assist me with my needs!"

Johannes Rumpf (Apr, 17 2020)
Client testimonials

Inma was very professional, very helpful and guided me through the Spanish legal process simply and clearly. She fought my corner with a satisfactory outcome. Constant contact throughout the case on both a professional and personal level, asking about my mother who is unwell, showed compas... Read More

Inma was very professional, very helpful and guided me through the Spanish legal process simply and clearly. She fought my corner with a satisfactory outcome. Constant contact throughout the case on both a professional and personal level, asking about my mother who is unwell, showed compassion. I would recommend Inma to anyone, English or Spanish who needs help with legal advice. Nothing could have been done better. Excellent.

Lesley King (Jan, 11 2020)
Client testimonials

"Rosa was very helpful. I will happily recommend her to friends."

edward fila (Dec, 05 2019)
Client testimonials

"Outstanding communication and attentiveness. Very organized. Always responsive! I recommend. On point with the right info when one is in need of it. Professionalism at its best."

Cyril Brooks-Lake (Oct, 04 2019)
Client testimonials

"Very satisfied with the service provided by Marianne. She speaks English fluently and she was very quick, comprehensive and clear in answering all the questions."

Kartik (Jun, 22 2018)
Client testimonials

"She was available almost every time I needed her, she responded to my request and promptly. She went above and beyond for my case and I couldn’t have done it without her help, a very complex legal jurisdiction."

Sarah Jane Kacomba (Dec, 14 2017)
Client testimonials

"My lawyer Juan was very helful and I couldn't have expected any more from him. Will certainly be using his services again."

Craig Beazeley (Oct, 11 2017)
Client testimonials

"I was very satisfied with David. He was very helpful and always happy to assist and I will use his services again in the future."

Oliver (Jun, 21 2016)

Service Details

Employment Law

Available in the following locations: Barcelona, Cadiz, Castellon de la Plana, Cordoba, Fuengirola, Gandia, Girona, L`Eliana, Las Palmas de Gran Canaria, Mallorca, Murcia, Orihuela Costa, Oviedo, Puerto del Rosario, Puzol, Seville, Torrevieja, Valencia, Vigo, Yaiza

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.

Who Is This Service For?

Both employers and employees can sometimes require expert advice on their legal position following an incident in the employment relationship between the two parties.

Labour law traditionally has an enormous number of rules and regulations and requires a lawyer who specialises in the area and who is up-to-date with any recent developments in legislation and jurisprudence.

What Does This Service Consist Of?

  • An initial discussion with an experienced English-speaking lawyer to understand the nature of the dispute
  • The lawyer will provide expert advice and recommended next steps to take, depending on the circumstances as presented
  • As required, negotiation with the other party
  • As required, representation in employment tribunals.

Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.

Why choose Advocate Abroad?

Established more than
10 years ago
Present in 20
European Countries
Over 30,000 client enquiries
successfully managed

Our Lawyers

Send Your Enquiry