Fines for not complying with the Telework Law

3/08/21 

Teleworking has already taken shape in the form of a legislative document. The publication in the Official State Gazette (BOE) of Law 10/2021, of July 9, defined the bases on which remote work is based in Spain, coronavirus pandemic through.

The Remote Work Act it is already a reality in Spain since last Monday, July 12. The new rule that looks at teleworking and its conditions: it also stipulates its sanctions, which will begin to be implemented in October, with the aim of giving companies time to familiarize themselves with the regulations and know about the infractions.

The Law includes three types of sanctions and all of them linked to not complying with the so-called 'teleworking agreement', a document that must be completed by employees and companies to set the conditions.

The remote work agreement to be signed by employee and employer must contain a "mandatory minimum content":

  • Inventory of media, equipment and tools which requires the development of concerted remote work, including consumables and movable elements, as well as the useful life or maximum period for their renewal.
  • List of expenditures of the worker for the fact of carrying out his work remotely, as well as a form of quantification of the compensation that must be paid by the company.
  • Working hours of the worker and within him, where appropriate, rules of availability.

In this agreement you can also detail the control tools of the company to confirm that the employee is working remotely.

Penalties of up to 7,500

In this context, employers who do not provide the necessary materials and therefore fail to meet this rule will face a fine which can be up to 7,500 euros, a figure 1,300 higher than previously established.

  • Depending on the degree of breach of contract, the penalty can also be considered mild or very serious, with the following amounts.

Mild with fines of 70 to 150 euros in their minimum degree; in its average grade, from 151 to 370 euros; and at its maximum level, from 371 to 750 euros.

The serious ones with a fine of at least 751 to 1,500 euros, at an average rate of 1,501 to 3,750 euros; and in its maximum degree of 3,751 to 7,500 euros.

The very serious ones with a fine of at least 7,501 to 30,000 euros; in its average grade of 30,001 to 120,005 euros; and in its maximum degree from 120,006 euros to 225,018 euros.

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