It has happened in Cáceres. The Provincial Court of said town has considered that what has happened to a plaintiff, Falling in the bathroom at home during a teleworking day is an accident at work. The ruling has aroused enormous social interest, since, if confirmed by higher courts, it could establish jurisprudence.
This could make it necessary to review the conditions for carrying out remote work, which in Spain, which, according to Statista sources, reached 59.7% of active professionals in 2021.
As explained by Le Morne Brabant Abogados, Francisco Jose Palomares Villar, “The company must obtain all the information about the risks to which the person who works remotely is exposed, and provide the protection measures that are most appropriate in each case. At the same time, it is the responsibility of the worker that the workplace meets all the necessary conditions in terms of occupational risk prevention, safety and health.”.
This is how it reads in Law 10/2021, of July 9, on remote work, better known as Teleworking Law, whose content is, to this day, and despite the consolidation of this new modality of carrying out professional activity, unknown to the general public.
Another question that is frequently consulted in law firms is the possibility for the company to control the time you spend in your position, in front of the computer, while you carry out your professional tasks from home. Le Morne’s lawyer explains that it is not only possible, but that it is done and, furthermore, it is legal. The company, he explains, will be able to control and supervise teleworking activity through telematic, computer and electronic means and/or through the person responsible for the teleworker with any action proposed by the company itself.
Thirdly, the worker must know that the teleworking formula does not imply that you have to fulfill your obligations from a position at home, but they are free to move, not only to a coworking, or work from a cafe, but they can move to their second home in another city, or wherever they want.
Mobility Yes, well, and also flexibility in the start and end times of the activity, as well as in the determined number of hours to undertake it. Of course, both aspects must have been previously agreed between the employee and the employer.
Working hours in teleworking
The same thing happens, clarifies Francisco José Palomares Villar, with the beginning and end of the time that the worker is going to telework. This is a matter that must have been previously agreed upon. The remote work agreement is voluntary, and reversible, It must be done in writing, and must contain its duration and the notice periods to return to face-to-face work. It is something that must be agreed between the company and the worker.
The most important thing to know is that teleworking is free and voluntary, and the company cannot force its employees to take advantage of this modalitybut for it to be exercised it is necessary to sign an agreement that can form part of the initial contract or be incorporated into it later.
The salary conditions, that are included in the contracts, cannot be modified while it is in force, even if work is changed from face-to-face to teleworking. In addition, the lawyer warns, “A modification of the conditions agreed in the contract that is detrimental to the worker could give rise to a cause of termination of the employment contract, with compensation of 20 days of salary per year worked.”
Of course, it is not so clear what happens with worker benefits such as food tickets, payment of gasoline or transportation pass. If these benefits are compensatory or compensatory in nature, they could disappear with teleworking. However, if they are part of the salary because they are not related to the worker making an actual expense, then their elimination would be equivalent to a unilateral salary modification.
Regarding the material means to carry out tasks remotely, it is relevant that the worker knows that they have the right to have the company provide and properly maintain all the equipment and tools they need to carry out their activity. These means must be reflected in the inventory that is included in the work agreement. The cost of the same will be borne or compensated by the company, and the mechanism to determine, compensate or pay those expenses will be established in the collective agreements or agreements.
Finally, teleworking does not modify any of the rights included in the workers’ statute. For example, the maternity and paternity leave, that are maintained under the same terms, even if the father and/or mother work from home.
