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Guide to Avoiding Serious Telecommuting Penalties

| COVID-19 / News | Employment Law and Social Security

Alfredo Aspra analyses the employment activity in which until now there was a huge legislative gap and the worker representation to which remote workers will have a right

The COVID-19 pandemic has forced many companies to resort to teleworking to prevent their workforces from being decimated by COVID-19.

However, this is an activity in which there has been a huge legislative gap until now. Therefore the Government, through Royal Decree Law 28/2020, of 22nd September, has decided to regulate these situations, which up until now were practically governed by their informal nature.

For Alfredo Aspra, partner in charge of the Employment Practise in Andersen, this is a balanced and necessary regulation in line with the European Framework Agreement on Telework signed in 2009. Furthermore, he states that finally and with good criteria, the period of time during which the risk situation of COVID-19 remains and, therefore, teleworking continues to be revealed as a health containment measure against the propagation of the pandemic, has been excluded from its application.

Worker representation

Distance workers shall be entitled to exercise their rights of a collective nature with the same content and scope as other employees in the work centre.

Alfredo Aspra, states that, it is essential that a whole series of questions have been established that can be included in the agreements or collective agreements, such as the identification of the jobs and functions that can be carried out through distance work; the maximum duration of distance work; the minimum working day; the exercise of reversibility; and a percentage or reference period lower than those established in the Royal Decree-Law for the purposes of qualifying as regulating this method of carrying out work activity.

The full article can be read in El Economista.

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