The sanctions for breaching the Teleworking Law begin to apply today: very serious offenses can be fined up to 225,000 euros
Breaking the Distance Work Law, in force in Spain since last July, can be very expensive as of today. And it is that the normative text foresees that as of October 1, 2021 the authorities sanction those companies that fail to comply with the conditions set out in the teleworking agreement with fines of up to 225,000 euros.
The aforementioned agreement is a document that, according to the law, Every company must negotiate, draft and sign with its employees to establish the conditions of remote work before the professional begins to telework. In it, a series of minimum requirements will have to be reflected which, if not complied with, will be considered infractions of different degrees, from minor to very serious, which entail different financial penalties.
In this way, minor infractions can be sanctioned with fines of between 70 and 750 euros, serious ones from 751 to 7,500 euros and the very serious ones with amounts ranging between 7,501 and 225,018 euros.
According to the Telecommuting Law, the teleworking agreement must reflect at least the following conditions:
- Inventory of means, equipment and toolss that requires the development of concerted distance work, including consumables and furniture, as well as the useful life or maximum period for their renewal.
- Enumeration of the expenses that the worker may have due to the fact of providing services at a distance, as well as a form of quantification of the compensation that the company must pay and the time and form to carry it out, which will correspond, if any, with the provision contained in the applicable collective agreement or agreement.
- Working hours of the worker and, within it, availability rules.
- Percentage and distribution between face-to-face work and remote work, in your case.
- Work center of the company to which the worker is assigned remotely and where, where appropriate, will develop the face-to-face part of the working day.
- Remote workplace chosen by the professional for the development of remote work.
- Duration of notice periods for the exercise of situations of reversibilidad, in your case.
- Media business control of activity.
- Procedure to follow in the event of occurrence technical difficulties that impede the normal development of remote work.
- Instructions issued by the company, with the participation of the legal representation of the workers, in matters of Data Protection, specifically applicable in remote work.
- Instructions issued by the company, prior information to the legal representation of the workers, on security of the information, specifically applicable in remote work.
- Duration of the agreement remote work.
Therefore, the reasons that can lead the authorities to decide to sanction a company with these fines are very varied, and would range from making the employee work outside the established hours until not providing the necessary tools for the development of their work – such as a corporate laptop or mobile phone-, going through issues related to the incorrect protection of your data or the use of non-pre-agreed labor control systems.