New Regulation on Labour Recruitment and Teleworking in Spain
The Spanish Government has approved new legislation regulating telework and employment contracts in the context of the digital transformation and the advancement of new forms of employment. The law, which will come into force on 1 July 2025, introduces important changes in the relationship between employers and workers, with the aim of ensuring a fairer working environment adapted to the digital era.
Among the main modifications brought by this new regulation, the following stand out:
- Mandatory compensation of costs: Companies will have to bear costs related to teleworking, including electricity, internet and office supplies.
- Greater flexibility in working hours: Greater adaptability in working hours will be allowed, prioritising the balance between employees' work and personal lives.
- Right to digital disconnection: Mechanisms are established to prevent workers from being contacted outside working hours, guaranteeing their rest.
- Digital control measures: The tools that companies can use to monitor workers' productivity without infringing their privacy are regulated.
- Obligation of a written contract: Any telework agreement is required to be formalised in a contract, detailing conditions, face-to-face time and compensation.
This reform is part of Spain's adaptation to Directive (EU) 2019/1152 on transparent and predictable working conditions, and complements the provisions of Royal Decree-Law 28/2020 on Remote Working.
Companies that do not comply with these new regulations may face economic sanctions and will have to modify their labour policies to align with the current legislation.
At SF Abogados, we offer advice to both companies and workers to ensure correct compliance with the regulations and avoid legal risks.
Legislation:
- Royal Decree-Law 28/2020 on Telecommuting.
- Workers' Statute.
- Directive (EU) 2019/1152 on transparent and predictable working conditions.
| Directiva 2019 1152 UR sobre condiciones laborales | 593 KB | ||
| estatuto de los trabajadores | 1541 KB | ||
| RealDecreoLey 28 2020 Trabajo a Distancia | 385 KB |
