A court recognises a worker's right to telework and orders the company to compensate her

During the COVID health crisis in 2020, many companies adopted teleworking, and this way of working continued until some companies decided to return to the office. Currently, there are many people who prefer this way of working or who need it in order to balance their work and personal lives. In this article, we will analyse whether there is a right to teleworking and what happened in the case of a worker who requested to telework in order to care for her sick mother.

Am I entitled to telework?

To find out, we need to read Article 34.8 of the Workers' Statute. This article establishes that workers have the right to request adjustments to the length and distribution of their working hours, including remote working, in order to exercise their right to a work-life balance. The adjustments must be reasonable and proportionate to the needs of the worker and the organisational or production needs of the company.

Therefore, the request to work remotely is based on the need to balance professional and personal life.

What does the High Court of Justice of Galicia say about the right to telework?

The High Court of Justice of Galicia recently analysed the case of a worker who worked as a call centre operator. During the pandemic, she began teleworking, and in January 2024, the company informed her that she had to return to work in person the following month. The worker requested a postponement of this measure because her 82-year-old mother was dependent on her due to her serious health condition.

The company denied the request, the worker returned to her in-person job and filed a lawsuit seeking recognition of her right to telework and compensation of €3,750. The lawsuit was rejected by the Social Court of La Coruña and the worker filed an appeal with the Social Chamber of the High Court of Justice of Galicia. This court took the following into consideration:

• During the time that the employee worked remotely, there were no negative incidents.
• The employee had provided medical reports attesting to her mother's state of health and the need for assistance with her daily activities.
• The fact that mother and daughter live in different locations does not preclude the need for care, since teleworking does not have to be carried out from the employee's home, but can be carried out from any other location.
• Furthermore, the company has not proven that there are operational reasons to prevent teleworking, considering that it has allowed it for the previous four years.
• The court also considers that the company has categorically denied the possibility of teleworking without offering the worker any alternatives, such as a hybrid working day.

As a result of the above, the court rules in favour of the worker, recognises her right to telework and orders the company to compensate her.

How do you request teleworking?

The law does not specify the exact way to request it, but it is best to do so in writing so that there is a record.

The text should state the reasons for requesting teleworking and how the working day will be organised. The document should be submitted to your line manager or the Human Resources department. The company must respond within 15 days.

What are my rights if I work remotely?

We must consider the law on remote working, which applies in cases where remote work is performed remotely, for a period of three months, for at least 30% of the working day or the equivalent proportional percentage depending on the duration of the employment contract.

The law itself establishes that remote work is voluntary for both the employee and the company and requires the signing of an agreement between the parties. Furthermore, the decision to work remotely is reversible for both the company and the employee.

The minimum content of the remote work agreement shall be as follows:

• Inventory of the resources, equipment and tools necessary for remote working.
• List of expenses that the worker may incur when working remotely.
• Working hours and availability rules.
• Percentage and distribution between on-site work and remote work, where applicable.
• Workplace to which the worker is assigned.
• Workplace chosen by the worker.
• Notice periods in the event that the situation is to be reversed.
• Means of control to be used by the company.
• Procedure to be followed in the event of technical difficulties.
• Company instructions.
• Duration of the remote working agreement.

What should I do if my request to work remotely is denied?

If the company denies your request to work remotely, does not offer you any alternatives, or the alternatives offered are not suitable for you, it is advisable to consult with an expert labour lawyer who can analyse your case to verify whether you are entitled to request remote working under the circumstances established by law.

If it is feasible, in the event of the company's refusal and after negotiation, a claim could be filed with the labour court, requesting express recognition as a teleworker.

Therefore, it is necessary to comply with the law and always verify the circumstances of each case, as well as seek the advice of an labour lawyer. Contact us if you want your company to recognise your right to telework in order to balance your family and professional life. We will study your case to see the alternatives and help you make an informed choice about your rights.