The objective of the standard it is to give an enough regulation, transversal and comprehensive in a substantive only standard that gives replies to different needs, equilibrating the use of these new ways of provision of work as an employee and advantages that they suppose for companies and people workers, of a side, and a rights framework that they satisfy, among others, principles on its voluntary and reversible character, the principle of equal treatment in the professional conditions, especially the remuneration included the compensation of expenses, the promotion and the vocational training, the exercise of collective rights, maximum times of work and the core times resting, the equal opportunities in the territory, the flexible distribution of the work time, as well as related preventive aspects basically with the physical fatigue and mental, the use of visualisation screens of details and risks of isolation.
The actual one decree-law is structured in four chapters, twenty-two articles, seven additional conditions, four transitory provisions and fourteen final dispositions, accompanying of an annexe:
Below, most striking features are pointed out:
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
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.
Compulsory minimum content:
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.
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.
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.
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.
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.
The hard-working people, in the development of the teleworking, they should fulfill:
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.
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.
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.
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.
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.
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.
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.
They will enter vigor on 23/09/20 following provisions (BOE publication day):
Download the Actual one decree-law 28/2020