Royal Decree-Law 28/2020 of 22 September on remote working

The Government of Spain has approved the Royal Decree-Law 28/2020 of 22 September on remote working (the “Royal Decree-Law 28/2020”).

The Royal Decree-Law 28/2020 aims to fill the regulatory gap that exists in the area of teleworking: (i) equalising the legal treatment of the most important aspects of this form of work organisation, (ii) resorting as necessary to collective negotiation, which is considered an essential instrument to complete the regulations applicable in each of the specific sectors and (iii) establishing its own criteria.

In line with the above, the Royal Decree-Law differentiates, in order to avoid any kind of misunderstanding, between:

  • Remote work: a type of work organisation or performance of the work activity under which it is carried out at the employee's home or at the place chosen by him/her, throughout his/her working day or part of it, on a regular basis.
  • Teleworking: remote work carried out exclusively or predominantly using computer, telematics and telecommunication means and systems.
  • Work in person: work carried out in the workplace or in the place determined by the company.
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