One mandatory remote working day to reduce costs: Will it be implemented in Spain?

What if companies were required to introduce one mandatory remote working day?

That is the question currently circulating in the press and on social media. The energy crisis caused by the war in Iran has highlighted the need to save energy on commuting, including journeys made to get to work. But will this measure become mandatory in Spain? We analyse the issue in this article.

How much time do we spend getting to work?

Many professionals spend more than 45 minutes travelling to their workplace and this not only affects energy consumption, but also causes stress and fatigue. The figures from a study published on the Robert Walters website are significant:

• 74% of respondents believe that commuting is a very important factor when assessing a job opportunity.
• Only 13% are willing to spend more than two hours a day travelling to and from work.
• 47% of people who work remotely save more than €100 per month.

In large cities, commuting problems are made worse by long distances and traffic congestion, with journeys of up to two hours. This directly affects quality of life, job satisfaction and work-life balance.

Is remote working mandatory in Spain?

In Spain, this type of work was regulated by the 2021 Remote Working Act, commonly referred to as the Remote Working Law. The first thing we need to understand is that remote work and teleworking are not exactly the same:

• Remote work occurs when work activities are carried out from the worker’s home or another location chosen by them, during all or part of their working hours on a regular basis.
• Teleworking is remote work carried out exclusively through the use of computer, telematic or telecommunications systems.

Remote work is deemed to exist when at least 30% of the working day is carried out remotely over a three-month period.

Remote work is always voluntary for both the employee and the company, and it is necessary to have a remote working agreement that complies with the provisions established by law.

At any time, it will be possible to reverse remote working arrangements and return to in-person work. This reversal may be initiated by either the employee or the company.

What rights does a remote worker have?

The Remote Working Act establishes a series of rights for remote workers. These are outlined below:

• They will have the same rights as employees working at the company’s premises, without prejudice to rights that are exclusive to in-person work.
• They may not suffer disadvantages in their working conditions, including pay, job stability, working hours, training and career progression.
• They are entitled to receive, at a minimum, the remuneration established for their professional group, level, position and duties, as well as the supplements granted to in-person workers.
• They may not suffer disadvantages or changes to agreed conditions, particularly regarding working hours or remuneration, due to technical difficulties or other issues not attributable to the employee.
• The company must avoid any discrimination based on gender, age, length of service, professional group or disability.
• They will have the same rights regarding work-life balance and shared family responsibilities as in-person employees.

What must a remote working agreement include?

The remote working agreement must regulate:

• The inventory of equipment and tools required to perform remote work.
• The employee’s expenses that must be covered by the company.
• The working schedule and availability rules.
• The percentage split between remote working and in-person work, where applicable.
• The company workplace to which the employee is assigned.
• The notice periods required if returning to in-person work.
• The monitoring methods that the company may use.
• The company’s instructions regarding data protection and information security.
• The duration of the remote working agreement.

Free public transport and one day of remote working

The European Union’s proposal to reduce energy costs includes several measures:

• Reducing the cost of public transport or making it free, so that workers do not use their private vehicles for commuting.
• Avoiding air travel for work purposes in order to prevent unnecessary costs. These trips could be replaced by video calls, for example, whenever possible.
• Remote working one day a week.
• Closing public buildings whenever possible.
• Reducing speed limits on motorways.
• Using electricity instead of liquefied gas for cooking, in order to reduce dependence on that fuel.

All these measures are still awaiting approval by the European Union before implementation.

Will the remote working day be introduced in Spain?

In Spain, the Minister of Labour, Yolanda Díaz, has stated that she is not in favour of mandatory remote working, since it is a form of work organisation that should remain voluntary, as established by the Remote Working Act.

Therefore, for the time being, remote working remains voluntary.

In conclusion, the measures proposed by the EU have not yet been approved, so we will have to wait and see how the situation evolves regarding conflicts affecting energy supply and how the labour market responds.

At G. Elías y Muñoz, we are specialist labour lawyers with extensive experience helping employees in disputes with their companies. If you have an employment issue and need a lawyer specialising in employment law, contact us and we will assess your case.