When the law applies
Distance work is considered regular when, over a three-month reference period, at least 30% of working time is performed at the employee's home or at a place chosen by the employee (or the equivalent proportion if the contract is shorter). Below that threshold, the law does not apply as such, although what is agreed in the contract may still regulate it.
Remote work is the form of distance work carried out exclusively or predominantly by telematic means. The regulation distinguishes both concepts because their obligations are triggered in the same way: the boundary is regularity, not the type of means.
The distance working agreement
The agreement is mandatory and must be formalised in writing before work begins, with a copy for the employee. Its minimum content includes the inventory of means, equipment and tools; the number of days and hours of distance work; the assigned workplace; the schedule and availability rules; the percentage and distribution between on-site and distance work; salary and expense compensation; and the method of monitoring activity.
Failing to formalise the agreement is a serious infringement, punishable with a fine of 626 to 6,250 euros. The company must also provide a copy to the legal representation of the employees, as with any contract.
Who pays the expenses
The distance worker cannot bear the costs of equipment, tools, means and consumables linked to their activity: these correspond to the company, which must also handle their maintenance. The law requires these expenses to be listed in the agreement, the compensation quantified and the time and manner of payment set.
Collective bargaining may specify the formula: many companies agree a fixed monthly amount or a percentage of salary, and others a per-diems system. If the collective agreement says nothing, compensation is agreed in the individual agreement, but it cannot be zero: the law establishes compensation as a right, not as a courtesy.
Rights of the remote worker
Time recording applies equally to remote work: it must reflect the start, end and activity periods. The company cannot require the employee to install programs or applications on their own devices, and monitoring systems must respect their privacy and dignity.
Key points
- Equal treatment with on-site staff: pay, training, promotion and work-life balance
- Schedule flexibility within what is agreed and respecting time recording
- Right to digital disconnection outside working hours, guaranteed by article 88 of the LOPDGDD
- Remote workstation risk assessment, with a home visit only with permission
- Priority for on-site roles if they work 100% of the time remotely
Who cannot telework without qualifications
Minors and those on training contracts (internships or dual training) can only work remotely if at least 50% of their working time is on-site. The rule protects training and team integration, and does not allow any agreement to the contrary for minors.
Employees who switch to teleworking have the right to reversibility: the company cannot impose teleworking as permanent, nor can the employee demand a return to on-site work without negotiation, although case law tends to recognise reversion when it was agreed on a temporary basis.
What to monitor when implementing teleworking in your company
Well-documented teleworking simplifies the management of international teams: the written agreement protects the company as much as the employee, because it sets expectations about availability, working hours and expenses that, without it, end up before the Labour Inspectorate or the courts.
Key points
- Individual written agreement for each teleworker with the minimum legal content
- Inventory of equipment and definition of expense compensation, quantified
- Working time record that captures remote work
- Digital disconnection protocol and criteria for device use
- Review of occupational risks for the remote workstation
