Spain: Government Issues New Law on Remote Working

In Spain, as in many areas across the EMEA region, remote working remains prevalent, and the Spanish government has introduced a law to protect employees in this regard. The law (Royal Decree-Law 28/2020) declares that employers must set up a contract with employees to formalize remote working arrangements, whether part-time or full-time.

The contract must give remote workers the same rights as someone working in the office. Employers are also expected to bear any reasonable costs of having talent working outside the office. The new law only applies where remote working takes place “on a regular basis” – defined as at least 30% of working hours spent working remotely in a given three-month period. Currently, Germany is considering new work from home regulations, as well.

Takeaway: The legal framework for remote working arrangements in Spain can be subjective. Companies with employees who regularly work remotely should ensure that a written agreement is in place that covers the worker’s respective rights and remuneration.

Spain: Government Issues New Law on Remote Working

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