Working from home in Spain. How does that work?
Working from home has become more common and popular in the last years. Partially thanks to the corona crisis, employers and employees discovered the benefits of this way of working. All over the world, more people are working from home currently. But how does this work exactly regarding legislations? In this article, one of our labour law lawyer Jakub, answers four questions regarding working from home in Spain and what to expect as both employer and employee.
1. Can the Company force me to work from home (telework)?
No, teleworking in Spain is a voluntary modality for both, the employee and the company. It will be necessary to sign a written agreement with a minimum mandatory content, which can be incorporated to the initial employment contract, or signed later if it is a subsequent change in an already existing employment relationship.
2. I work for a Spanish company and live in Spain, is it the same as working in Spain for a foreign company, or working for a Spanish company while living outside Spain?
No; in the first case we would be dealing with regular telework, while the following two cases are cross-border telework. Although it is essentially the same, i.e., providing services away from the office of the company, there are certain implications (labour and tax law among others) that must be fulfilled by both the company and the employee for it to be legal and valid.
3. If I work from my home in Spain, do I have to bear the costs of it (electricity, internet, etc.)?
One of the points that must be included in the agreement that is signed regulating teleworking is precisely the enumeration of the expenses of the employee for the fact of providing services in this modality. In addition, the agreement will have to indicate how these expenses are quantified (and compensated by the employer).
4. Can I be forced to switch on the camera when I am working?
This is an issue that has recently attracted a lot of interest. If the employee chooses to switch on his/her camera freely, without any coercion and without negative consequences, there is no infringement of rights. This is also a complex issue, as it is not only related to labour law, but also linked to the protection of processing of personal data. Therefore, the employer must proceed carefully
Do you have more questions regarding working from home in Spain or other working in Spain in general? OTIS Advocaten has a team of lawyers who are specialized in labour– and contract law that can assist you with many different issues regarding these subjects. Contact us here.