Updated: 17/12/24
After the pandemic, telework is here to stay. This means that companies have to regulate this type of work to ensure that workers do their job well and can enjoy their rights. And this is when the question arises, what obligations does a company have when its employees are teleworking? If you are also asking yourself this question, we give you the answer below.
Telework: What does the company have to offer the employee?
Taking into account the law 28/2020 on Remote Work, we can see how the company is obliged to provide workers with the necessary equipment so that they can carry out their work. It must also provide them with the means and tools to carry out their work without any problems. This means that, for example, the worker does not have to use his own computer, but it is the company that has to provide it.
On the other hand, the company must also ensure that the tools it provides to the worker are well maintained. This means that it must ensure the safety and renewal of this equipment in the event that it begins to deteriorate with use.
Another obligation of the company is to put the conditions of teleworking in writing so that the employee is aware of them. All workers must receive a copy and have a record of the duration of teleworking. Some companies do it on an indefinite basis and others on a temporary basis. What is clear is that teleworking benefits both parties, which is why more and more companies are opting for it.
Which party bears the costs associated with telework?
This is a section that is of great concern, especially for workers. In this section, the law is not specific, so it is usually agreed between the parties in order to reach an agreement.
With the law in hand, we can see that "the worker is entitled to the payment and compensation of expenses". But it is not clear what the expenses are. For this reason, the cost of energy, internet... are usually paid half and half. Of course, everything is usually agreed at the time of drawing up the contract to avoid problems.
And if the company does not meet this expense, try to negotiate so that you do not incur a financial loss that you should not have to bear.
Does the worker have the right to digital disconnection?
The answer is yes. All workers, including teleworkers, have the right to digital disconnection once they have finished their working day. Everything is regulated in the Organic Law 3/2018, so it is presented as another of the obligations of the company in the face of teleworking workers.
This law not only makes it clear that the worker has the right to a rest break during the working day. They also have the right to be free from work at the end of the working day. This means that when the work is finished, the worker has the right to switch off. In other words, the company must be responsible for ensuring that the employee does not receive any work-related notifications so that he or she can enjoy his or her personal life.
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