{"id":12642,"date":"2023-07-28T13:59:11","date_gmt":"2023-07-28T13:59:11","guid":{"rendered":"https:\/\/vila.es\/?p=12642"},"modified":"2023-07-28T13:59:11","modified_gmt":"2023-07-28T13:59:11","slug":"remote-working-agreement","status":"publish","type":"post","link":"https:\/\/vila.es\/en\/employment-and-social-security\/remote-working-agreement\/","title":{"rendered":"REMOTE WORKING AGREEMENT"},"content":{"rendered":"

Law 10\/2021, of 9th<\/sup> July, on remote working<\/a>, which entered into force on 11th<\/sup> July 2021 (hereinafter referred to as the \u201cLaw\u201d),\u00a0 regulates the formalisation of remote working agreements.<\/p>\n

With this in mind, in the following we offer a general overview of when a remote working agreement must be entered into, what must be included in the agreement and what procedures must be followed once such an agreement has been entered into.<\/p>\n

I.- Definition of \u201cRemote working\u201d<\/strong><\/p>\n

The Law defines \u201cRemote working<\/strong>\u201d as a form of organising work or carrying out labour activities which are performed in the home of the employee or in the place elected by the latter for this purpose, for the employee\u2019s entire working day or for a part thereof, on a regular<\/strong> basis.<\/p>\n

Remote work is deemed to be regular<\/strong> when a minimum of thirty percent of the working day, or the equivalent proportional percentage depending on the duration of the employment contract is performed in a reference period of three months.<\/p>\n

For example, if an employee works five days a week, eight hours a day, but only works remotely on one day of the week, this is equivalent to just 20% of total working hours and is not considered to be \u201cregular\u201d. Therefore, this remote working is not subject to the regulation presented below.<\/p>\n

II.- Characteristics of the remote working agreement<\/strong><\/p>\n

Remote working requires entering into a remote working agreement as regulated in the Law, before starting to work remotely. This agreement must be carried out in writing<\/strong> and may form part of the initial contract or be formalised at a later date.<\/p>\n

Remote working is voluntary<\/strong> for the employee and for the employer. Neither party can to be forced to change to this modality, even if one of the parties wishes to do so.<\/p>\n

The decision to work remotely from an on-site working arrangement is reversible <\/strong>for the company and for the employee.<\/p>\n

III.- Contents of the remote working agreement<\/strong><\/p>\n

The agreement must include the following:<\/p>\n