Actual decree-law 28/2020
Of 22 September, of teleworking

A. Field of application (article 1)

1. Work relationships to in which arise conditions described in the article 1.1 of the Workers' statute.
2. It will be understood that is regular the teleworking that is provided, in a period of reference of 3 months, a minimum of 30% of the meeting, or the proportional percentage equivalent according to the term of agreement of work.

B. Definitions (article 2)

1. Teleworking: work organisations or performance way of the work activity in accordance with which this is provided in the address of the person worker or in the chosen place for this, during all its meeting or part of her, with regular character.
2. Working online: that teleworking that it is carried out through the exclusive use or prevailing of means and computer systems, telematic and of telecommunication. 
3. Work in person: that work that is provided in the work centre or in the specific location by the company.

C. Limitations at work from a distance (article 3)

In the employment contracts celebrated with minors and in the work experience contracts and for the training and the learning, only will fit a work agreement from a distance that it guarantees, at least, a percentage of the fifty per cent of provision of services in person, without prejudice to the telematic development, where applicable, of the theoretical training linked to these latest ones

D. treatment and opportunity Equality and not discrimination (article 4)

People that develop teleworking will have the same rights that they would have held if they provided services in the work centre of the company, except for anyone who are inherent to the performance of the work provision in the same one of way in person, and they will not be able to suffer disservice in none of its work conditions, including remuneration, job stability, work time, training and in-service promotion.

A. Voluntariedad of the teleworking and work agreement from a distance (article 5)

1. The teleworking will be voluntary for the hard-working person and for the employer and it will require the signature of the work agreement to that it will be able to be part of the initial contract or to carry out in a later moment.
2. The refusal of the person worker to be worked from a distance, the exercise of the reversibility to the work in person and difficulties for the adequate development of the work activity from a distance that are exclusively related to the change of a provision in person to another that it includes teleworking, they will not be causes vindicative of the extinction of the working relationship nor of the substantial modification of the working conditions.
3. The decision of working from a distance from a type of work in person will be reversible for the company and the hard-working person. The exercise of this reversibility will be able to practice in the terms established in the collective negotiation or in the ones set in the work agreement.

B. The work agreement from a distance

B.1. Formal obligations of the work agreement from a distance (article 6)

1. Arrangement in writing, built in to the initial employment contract or to carry out in a later moment, but in any case should formalise before that the teleworking is initiated.
2. The company should deliver to the legal representation of hard-working people a copy of all work agreements from a distance that are made and of its updates, excluding those details that they could affect to the personal intimacy, in accordance with it considered in the article 8.4 of the E.T.
3. The copy will be delivered by the company, in a term not higher than 10 days from its arrangement, to the legal representation of hard-working people, that they will sign it for the purpose of to prove that the delivery has been produced.
4. Subsequently, this copy will be sent to the employment office. When there is no legal representation of the people workers also should formalise basic copy and to send to the employment office.

B.2. Content of the work agreement from a distance (article 7)

Compulsory minimum content:

1. Inventory of the means, teams and tools that it demands the development of the private teleworking, included consumables and the elements pieces of furniture, as well as of the maximum service life or period for the renewal of these.
2. Enumeration of the expenses that could have the hard-working person for the fact of providing teleservices, thus as a way of quantitative assessment of the compensation that mandatorily must pay the company and moment and way to carry out the same one, that will be corresponded, of existing, with the collected forecast in the agreement or application collective agreement.
3. Working hours of the person worker and within him, where applicable, rules of availability.
4. Percentage and distribution between work in person and teleworking, where applicable.
5. Work centre of the company to that which is assigned the hard-working person from a distance and where it will develop the part of the work day in person.
6. From a distance chosen workplace by the hard-working person for the development of the teleworking.
7. Advance notice term duration for the exercise of the situations of reversibility.
8. Business control means of the activity.
9. Procedure to be followed in the case of to produce technical hitches that impede the normal development of the teleworking.
10. Instructions dictated by the company, with the share of the people' legal representation workers, with regard to data protection, specifically applicable at work from a distance.
11. Instructions dictated by the company, previa information to the legal representation of hard-working people, on information security, specifically applicable at work from a distance.
12. Duration of the work agreement from a distance. 

B.3 Modification of the work agreement from a distance and ordainment of priorities (article 8)

1. Modification of the conditions set in the work agreement from a distance: He should be object all right between the company and the person worker, formalising in writing with previous character to its application. This modification will be placed in knowledge of the legal representation of the people workers.
2. Preference in vacant posts in person: people that they carry out teleworking from the beginning of the working relationship during all its meeting, will have priority to occupy work positions that total are made or partially of way in person. The company will inform to these people that they work from a distance and to the legal representation of hard-working people of vacancies work the positions of character in person that are produced.
3. Agreements or collective agreements they will be able to establish mechanisms and criteria through which the person that develops work in person can happen to teleworking or vice versa, as well as preferences linked to certain circumstances.

A. on the run professional Law

A.1. Law to the training (article 9)

1. Companies will guarantee the working interest in the formative actions of the people that they work from a distance, in terms equivalent to those of people that provide services in the work centre of the company.
2. The company should guarantee to the people that they work from a distance the training necessary to the suitable development of its activity so much at once of formalising the work agreement from a distance as when changes are produced in the means or technologies used.

A.2 Law to the in-service promotion (article 10)

People that they work from a distance will have right, in the same terms that those which provide services of way in person, to the in-service promotion, owing the company to inform to those, of way expresses and in writing, of possibilities of rise that are produced, already is positions of development in person or from a distance.

B. Rights regarding the means resource and maintenance and to the expenses deposit and compensation

B.1. Means sufficient resources and maintenance, teams and tools (article 11).

1. People that they work from a distance will have right to the suitable resource and maintenance by the company of all the means, teams and tools necessary to the development of the activity, in accordance with the built in inventory in the agreement, where applicable, in the agreement or application collective agreement.
2. The attention will be guaranteed in the case of technical hitches, especially in the case of working online.

B.2. Expenses deposit and compensation (article 12). 

1. The development of the teleworking should be defrayed or compensated by the company, and it will not be able to suppose the acceptance by the hard-working expenses person related to the teams, tools and means linked to the development of its work activity.
2. Agreements or collective agreements they will be able to establish the mechanism for the determination, and compensation or deposit of these expenses.

C. Rights with profound effects in the work time

C.1. Flexitime (article 13) 

The person that develops teleworking it will be able to make more flexible the schedule of established provision of services, according to terms of the work agreement from a distance and the collective negotiation, respetando times of compulsory availability and the regulations on work time and break.

C.2. Suitable hourly record (article 14) 

The system of hourly record he should reflect faithfully the time that the hard-working person that carries out teleworking dedicates to the work activity, without prejudice to the hourly flexibility, and he should include, among others, the moment of beginning and completion of the meeting.

D. Law to the risk prevention at work

1. People that they work from a distance have right to a suitable protection with regard to health and safety at work (article 15)
2.  Risk assessment and planning of the preventive activity (article 16):

a. The risk assessment and the planning of the preventive activity of the teleworking they should take into account the distinctive risks of this type of work, putting special attention in the pychosocial factors, ergonomic and organisational. In particular, he should have in account the distribution of the meeting, times of availability and the guarantee of the breaks and disconnections during the meeting. 

b. The risk assessment only must reach to the set up area for the provision of services, not spreading the rest of areas from the property or of the chosen place for the development of the teleworking

c. The company will owe obtain all the information about risks to those which is exposed the person that it works from a distance and to foresee protective measures that they result more suitable.

d. When it was necessary the visit, by who had responsibilities in health and safety matters, to the place in which, takes place the teleworking, he should issue written report that justifies the above-mentioned extreme qEU will be delivered to the hard-working person and to the delegates and delegates of prevention.

e. The visit will require the permission of the hard-working person, of being its address or of that one of a third individual.

f. If it does not be granted the permission, the development of the preventive activity by the company it will be able to make on the basis of the determination of the risks that is derived of the information gathered of the hard-working person according to instructions of the prevention service.

E. Rights related to the use of digital media

E.1. Right to privacy and to the data protection (article 17)

1. The use of the telematic means and the control of the work provision through hardware devices will guarantee properly the right to privacy and to the data protection, in the terms considered in the Organic Law 3/2018, of 5 December (PERSONAL DATA PROTECTION ACT and DD), in accordance with the principles of suitability, need and proportionality of means used.
2. The company will not be able to demand the facility of programmes or applications in devices owned by the hard-working person, nor the use of these devices in the development of the teleworking.
3. Companies should establish criteria of use of the devices digital respecting in any case minimum protection standards of its intimacy from agreement with social uses and legal recognised rights and constitutionally. In its elaboration will owe participate the legal representation of hard-working people.
4. Agreements or collective agreements will be able to specify terms within which the hard-working people can make use for reasons staffs of IT equipment positions at your disposal by the company for the development of the teleworking, taking into account these means' social uses and particularities of the teleworking.

E.2. Law to the digital disconnection (article 18)

1. People that they work from a distance, particularly in working online, they have right to the digital disconnection out of its work schedule (article 88 of the LOPDyDD). The business duty of guaranteeing the disconnection entails a limitation of the use of the technological means of business communication and of work during the periods resting, as well as the respect for the maximum duration of the meeting and to whatever limits and precautions with regard to meeting that arrange the applicable conventional or legal regulations.
2. The company, previous audience of the legal representation of hard-working people, it will elaborate a domestic policy directed to hard-working people, included those which occupy managerial positions, in which will define types of exercise from the right to the disconnection and stock of training and sensitisation of the staff on a reasonable use of technological tools that avoids the risk of computer fatigue. In particular, the right will be preserved to the digital disconnection in cases of total or partial performance of the teleworking, as well as in the address of the person employee linked to the use with work ends of technological tools.

Agreements or work collective agreements will be able to establish means and proper measures to guarantee the effective exercise from the right to the disconnection at work from a distance and the suitable organisation of the meeting in such a way that is compatible with the guarantee of times resting.

F. collective Rights (article 19)

1. The hard-working people from a distance they will have right to exercise its collective nature rights with the same content and extent that the rest of the people workers of the centre to that which are assigned. The collective negotiation will be able to establish conditions to guarantee the exercise of collective rights of the people workers from a distance. 

2. The company should supply to the legal representation of hard-working people precise elements for the development of its representative activity, between them, the access to use communications and electronic addresses in the company and the implementation of the virtual board, when is compatible with the type of provision of the teleworking. 

3. He should guarantee that the hard-working people from a distance can participate in an effective way in the organised activities or called by its legal representation or for the rest of the hard-working people in defense of its work-related concerns, in particular, its working interest in person for the exercise of the voting right in the elections to legal representatives.

A. Data protection and information security (article 20)

The hard-working people, in the development of the teleworking, they should fulfill:

1. The instructions of the company on data protection, previous share of the legal representation of hard-working people.
2. Instructions on information security specifically set by the company, previous information to its legal representation, in the field of the teleworking. 

B. Terms and Conditions and usage instructions and teams or utensil conservation computer engineers (article 21)

The hard-working people should fulfill conditions and usage instructions and conservation established in the company in relation to the teams or computer utensils, within terms that are established in the collective negotiation.

C. business control Faculties (article 22)

The company will be able to adopt measures that it estimates more opportune of vigilance and control to verify the fulfillment by the hard-working person of its obligations and work duties, included the use of telematic means, saving in its adoption and application the owed consideration to its dignity and having in tell her actual capacity of the workers with disability.

1. Agreements or collective agreements will be able to the identification of work and functions the positions subject to be made via the teleworking, the conditions of access and development of the work activity through this type, the maximum duration of the teleworking, as well as additional contents in the work agreement from a distance and how many other matters are considered necessary regular.
2. Agreements or collective agreements will be able to regular a minimum meeting in person at work from a distance, the exercise of the reversibility to the work in venues of the company, a reference percentage or period lower than the ones set in the actual present decree-law to effects of qualifying as «regular» this execution type of the work activity, a percentage of work in person of different training contracts to the one considered in the same one, provided that are not celebrated with minor children, as well as the possible extraordinary circumstances of modulation of the right to the disconnection.

Plan MECUIDA will remain valid until on 31 January 2021, in accordance with the willing thing in the final disposition tenth of the Actual one decree-law 8/2020, of 17 March, and in the article 15 of the Actual one decree-law 15/2020, of 21 April, of complementary urgent measures to support the economy and the employment.

1. From the statement of the international pandemic for the OMSy until health authorities lift all adopted prevention measures to address the health crisis brought about by the COVID-19, Social Security Institute's provisions that causes the staff that it provides services in health or socio-health centres, registered in corresponding records, and that in the exercise of its profession, have contracted the virus SARS-CoV2 for credit state exposed to that specific risk during the health and socio-health provision of services, when thus is proved for the services of Risk prevention At work and Occupational Health, derived from work-related injury will be considered, when understanding compliments demanded requirements in the article 156.2.e) SOCIAL SECURITY LEGISLATION. 
2. The contagion and infirmity of the illness will be proved through the corresponding work-related injury report that it should have issued within the same period of reference. 
3. In the cases of death, it will be considered that the cause is work-related injury provided that the death has been produced within 5 next years to the contagion of the illness and derived from the same one, in accordance with the stated in article 217.2 SOCIAL SECURITY LEGISLATION.

1. In the collaboration agreements that they formalise the managing entities of the Social Security Institute with Autonomous Communities and with the National Institute for Health Management for the control and follow-up of the TEMPORARY DISABILITY will be able to foresee the advance of until the total amount of the amount considered in the respective agreement for the financing of the activities to be developed for Autonomous Communities and by the National Institute for Health Management.
2. With previous character to the arrangement of the agreements the authorisation of the Cabinet of Ministers will be required. With this aim, the holder of the Ministry of Inclusion, Social Security Institute and Migrations, previous report of the Ministry of the Treasury, will raise the opportune proposal to the Cabinet of Ministers.
3. It will not be of application, for these agreements' exclusive case, the willing thing in the section 1 of the article 47 of the Budgetary General Statute, with regard to the need of initiating the execution of the expenditure in the exercise in which the commitment of the expenditure is acquired.

With effects from the coming into force of the Actual one decree-law 15/2020, of 21 April, of complementary urgent measures to support the economy and the employment, and validity until 31 of October 2020, the type of one will be applied the 0 for% from the VAT to the deliveries of goods, imports and acquisitions within the EC of above-mentioned goods in the Annexe of the actual one decree-law (products related to processing COVID-19) whose recipients are companies of Public Law, clinics or hospitals, or social character private organisations to that it adverts the section three of the article 20 of the Act 37/1992, of 28 December, of the Value added tax. These operations will be documented in bill as exempt operations.

1. This actual one decree-law will be in its entirety applicable to the work relationships in force and that were regulated, before its publication, because of agreements or agreements groups on conditions of provision of services from a distance, from the moment in which these lose its validity.
2. In case above-mentioned agreements or agreements they do not foresee a term of duration in the previous section, this standard will result of application in its entirety once elapsed a year from its publication in the BOE unless signing parties of these agree expressly a superior term, that at the most will be able to be three-year.
3. In no case the application of this actual one decree-law it will be able to have as a result the compensation, absorption or disappearance of whatever rights or conditions more beneficial that they came enjoying people that they provided with previous character its teleservices that will be reflected in the work agreement from a distance.
4. The work agreement from a distance should formalise within three months since the actual present decree-law results from application to the working relationship specific. In identical term they should make adjustments or modifications of work agreements from a distance of individual character in force to the date of publication of this actual one decree-law, not derived from agreements or agreements groups.

1. To the introduced teleworking exceptionally in application of the article 5 of the Actual one decree-law 8/2020, of 17 March, or as a result of measures of health containment derived from the COVID-19, and while these remain, him will go on resulting of application the ordinary work regulations.
2. Companies will be obliged to provide of the means, teams, tools and consumables that it demands the development of the teleworking, as well as to the maintenance that it results necessary.
3. The collective negotiation will establish the way of compensation of expenses derivatives for the hard-working person in this way of teleworking, if they existed and they would not had already been offset.

Is modified to include as a serious offence. 

Article 7.1 “Not formalise in writing the employment contract, when this requirement is demandable or it has requested it the hard-working person, or not to formalise the work agreement from a distance in the terms and with legal requirements and conventionally planned”.

A special judicial proceeding is established, through the introduction of a new article, the 138 bis, to the Act 36/2011, of 10 October, regulator of the social jurisdiction, applicable to the claims related to access right, reversion and modification of the teleworking.

Are introduced in the text of the Workers' statute those changes needed in accordance with the collected thing in the actual one decree-law, in the articles 13, 23.1 a) and 37.8 of this legal standard.

With effects from the coming into force of this actual one decree-law and indefinite validity a new paragraph is added h), to the section 2 of the article 54 (expandable credits) of the Act 47/2003, of 26 November, Budgetary General, with the following draft:

«h) The ones set aside for the system of protection for cessation of activity.»

A measure is added on the accreditation of the identity to obtain electronic certificates, through the modification of the Act 59/2003, of 19 December, of electronic signature. In the field of the electronic certificate applicants identification qualified, the Regulations (EU) 910/2014, of the European Parliament and of the Board, of 23 July 2014, regarding the electronic identification and reliable services for electronic transactions on the market interior and through which the Directive is repealed 1999/93/EC, contemplates in its article 24.1 d) the possibility of that such verification is made using other recognised identification methods on a national scale that they contribute an equivalent security in terms of reliability to the physical presence. As a result, results precise a specific regulation in our National law of the demanding organisational requirements and of applicable security to such methods. To this end, proceeds attribute to the Ministry of Economic Affairs and Digital Transformation, competent department to regulate the electronic services reliable, the habilitation for such conditions' determination and requirements.

It expands the term of coming into force of predictions of the final disposition seventh of the above-mentioned standard, with regard to the electronic record of empowerments, the electronic record, the record of set up civil servants, the point of general access electronic of the electronic Administration and file; before the difficulty of concluding necessary adaptation processes before 2 October 2020, that it is the set term currently, is expanded until 2 of April 2021, date starting from which will produce effects predictions on such matters.

The article fifth is redacted in following terms: 

«Exceptional as situation consideration assimilated to work-related injury of the periods of isolation, contagion or restriction in the exits of the municipality where they have the address or its work centre the hard-working people as a result of the virus COVID-19. 

1. For the purpose of to protect the public health, will be considered, with exceptional character, assimilated situation to work-related injury, exclusively for the temporary disability benefit of the system of Social Security Institute, those isolation periods or contagion of the people workers caused by the virus COVID-19, unless it tries on that the contagion of the illness has been contracted with exclusive cause in the performance of the work in the terms that it points out the article 156 of the legislative law of the Social Security Act, approved by the Legislative Royal Decree 8/2015, of 30 October, in which case will be qualified as a work-related injury.

With the same exceptional character, with effects from the beginning of the situation of restriction of the exit or entrance to a municipality, and through the corresponding sick leave, this protection will be spread to those workers that obliged to move of town are seen to provide services in the unaffected activities for the Royal Decree 463/2020, of 14 March, through which the state of emergency is declared for the management of the health crisis situation brought about by the COVID-19, provided that by the statutory authority has been agreed to restrict the exit, or the entrance, of people of the municipality where these workers have its address, or where the company has its work centre if the worker has its address in another municipality, and it has been them refused of way expresses the possibility of moving by the statutory authority, can not carry out its telematic way work for causes not imputable to the company for that which provide its services or to the own worker and they do not have right to receive no other public provision.

The accreditation of the agreement of restriction of the town where the worker has its address or the company its work centre, and the refusal of the possibility of displacement will be made through certification issued by the town council of the address or, where applicable, for that one of the work centre affected by the restriction before the corresponding body of the public health service.

Likewise, the impossibility of performance of the work of telematic way will be proved through a certification of the company or a declaration of Responsibility in the case of freelance workers before the same body of the public health service.

In the event of employees that had the address in different municipality to the one of the work centre, in addition to it considered in the previous paragraph, will be required to prove:

a) The address of the worker through the corresponding certificate of residency registration.

b) That the worker develops its work in the centre at the municipality affected by the restriction, through the corresponding certification of the company.

c) That the company has not proceeded at the close of the work centre, through the corresponding certification of the company.

2. The duration of this exceptional provision will come determined by the sick leave and the corresponding registration.

Provided that by the statutory authority has been agreed, before the coming into force of the Royal Decree 463/2020, of 14 March, to restrict exits or entrances of the municipality where they have the address or in which has the work centre the company in which provide its services, of being the people employees to those which adverts the article 1 of the Actual one decree-law 10/2020, of 29 March, through which a recoverable paid leave is regulated for the people employees that do not provide essential services, in order to reduce the mobility of the town in the context of the fight against the COVID-19, a sick leave will be issued with effects from the start date of the restriction and a hospital discharge certificate with effects of 29 March 2020.

Of being freelance workers or self-employed workers, when the adopted restriction before the coming into force of the Royal Decree 463/2020, of 14 March, restricted its exit of the municipality where they have its address or, having its address in another, saw restricted the entered the municipality impeding them completely the performance of its activity, the right to the provision will begin with the sick leave from the start date of the restriction and it will last to date of its completion, not being able to, in no case, to last beyond the date of completion of the state of emergency.

This subsidy for temporary disability is incompatible with wages that have been received, as well as with the right to any other financial assistance of the Social Security Institute, included the temporary disability derived from common contingencies or professionals. In these suppositions the provision of the Social security will be received different than the grant considered in the present article.

For the purpose of it considered in the previous paragraph, the worker should present before the corresponding body of the public health service, certification of the supporting company of the not perception of wages.

3. The right to this benefit may be caused by the self-employed person or by a person who is on the date of the causal event in a situation of registration in any of the Social Security schemes.
4. The made date cause will be the date in which remembers the isolation, restriction or illness of the worker, without prejudice to that the sick leave is issued later than that date.»

VIGOR: 13 October 2020 (20 days from its publication)

They will enter vigor on 23/09/20 following provisions (BOE publication day): 

1. Additional Third. Extension of the validity of the article 6 of the Actual one decree-law 8/2020, of 17 March, of extraordinary urgent measures to address the economic impact and social of the COVID-19
2. Additional Fourth. Consideration as an occupational contingency derived from work-related injury to illnesses suffered by the staff that provides service in health or socio-health centres as a result of the contagion of the virus SARS-CoV2 during the state of emergency.
3. Additional Fifth. Collaboration agreements among managing entities of the Social Security Institute, autonomous communities and the National Institute for Health Management for the control and follow-up of the temporary disability.
4. Additional Sixth. Applicable tax regime to the end of the «UEFA Women’s Champions League 2020».
5. Temporary fourth. Procedures for the examination of the poverty line deposit initiated before the coming into force of the actual present decree-law in which resolution has not been dictated expresses.
6. End fourth. Modification of the Act 47/2003, of 26 November, Budgetary General.
7. End fifth. Modification of the Act 59/2003, of 19 December, of electronic signature.
8. Final octave. Modification of the Act 38/2015, of 29 September, of the railway sector.
9. End ninth. Modification of the Act 39/2015, of 1 October, of the Common Administrative Procedure of the Public Administrations.
10. End tenth. Modification of the Actual one decree-law 6/2020, of 10 March, through which certain measures are adopted urgent in the economic field and to protect the public health.
11. End eleventh. Modification of the Actual one decree-law 20/2020, of 29 May, through which the deposit poverty line is established.
12. End twelfth. Modification of the Actual one decree-law 25/2020, of 3 July, of urgent measures to support the economic revival and the employment.