In accordance with the European Framework Agreement on Telework of July 16, 2002 and the Spanish Worker’s Statute, teleworking is defined as a way of organizing and / or carrying out work using information technologies, under a contract or in an employment relationship, in which a job, which could also have been carried out in the employer’s premises, is usually carried out outside those premises.
Therefore, this is one of its greatest advantages, as there is no work center, the employer obtains a saving in the fixed costs of it, while the worker benefits from a reduction of the time and cost of commuting to the work center.
However, although working remotely is voluntary for both the worker and the employer, according to article 13 of the WS, such Agreement shall be written.
Teleworkers have the same rights as similar workers who perform their work in the premises of the company, whether they are guaranteed by legislation or by applicable Collective Agreements. They must be assigned to a work center and a specific department within the company. In addition, it might be necessary to sign specific Agreements to regulate those aspects of teleworking.
It is up to the employer to take the necessary measures in order to guarantee the protection of the data used and processed by the teleworker for professional purposes, as well as the installation and maintenance of the necessary equipment, unless the teleworker uses his own equipment.
A relevant aspect is the introduction of surveillance means, which should be proportional to the objective and comply with the legally established measures and requirements. Otherwise, it could affect the intimacy and privacy of the worker. Therefore, we recommend paying special attention to this aspect or asking for professional advice to avoid conflicts.