Telework law - what is it and how to comply with it?

10 November 2021.


  • 20194.8 % of workers were teleworking
  • 202034 % of teleworkers were teleworking
  • 4.4 million workers were forced to adapt to the situation in an improvised and unplanned manner.

What is telework?

Remote (from a location outside the workplace) through the use of computer or telematic systems, when it occupies at least 30% of the working day for a period of 3 months (or the corresponding percentage depending on the duration of the contract).

It is to be on a regular basis and applicable for traineeship and training contracts the percentage increasing to 50 %.

By means of a voluntary agreement, formalised in writing, with a minimum content: tools, assumption of costs for telecommuting, stipulated working hours (it may also include control tools to ensure that the employee is actually doing his or her job). On an individual basis (with particular relevance for collective bargaining). With a deadline of 10 days to submit a copy of the agreements in writing to the RLT, and finally reversible.


  • The company bears the costs of means, equipment and tools related to the development of the activity.
  • The right to be provided with the means to work remotely, as well as attention to technical difficulties.
  • Amount: negotiation (individual or collective)
  • The employee may not bear the costs of the tools he/she will need for the work activity.

With regard to the time recording, The obligation to clock in and clock out is maintained. The teleworking law gives the right to flexible working hours: the employer can establish times and time slots for availability. Respect for working time and rest periods will continue to be compulsory. And finally, it will give the right to digital disconnection outside working hours: respect for the maximum duration of the working day, limitation on the use of technological means of business communication and work during rest periods.


-Risk assessment and planning of preventive activity in remote work: taking into account the risks characteristic of this modality. Special attention to psychosocial, ergonomic and organisational factors and the accessibility of the actual working environment. Pay special attention to the distribution of the working day.

The company is exempted from the obligation to carry out a risk assessment of the teleworker's job in the terms provided for in art. 16 of the LPRL: exceptionally, a voluntary self-assessment by the worker will suffice. With this, the employer will provide for the most appropriate protective measures.

-A visit to the place of work may be requested, subject to the worker's agreement.


Take into account the main risks associated with teleworking:

-Musculo-skeletal disorders

-Visual fatigue

-Psychosocial Organisational

-Those resulting from the conversion of part of the dwelling into a place of work

What can be done?

-Psychosocial factors: procedures for action, training, preventive measures, communication procedures, etc.

-Ergonomic and organisational factors: identify and set up an isolatable area within the dwelling: facilitate good posture and changes of posture, adapt to the dimensions of the worker, respect distances...

-Keeping the workspace tidy: wiring,...

-Monitoring temperature and ventilation

Health and safety risk assessment of the teleworker (included in the prevention plan).

Health surveillance and teleworker information and training.


Employees who telework have the same rights as those who work in person: equal working conditions, equal pay, equal promotion, equal work-life balance.

It is important to take the necessary measures against sexual, discriminatory or workplace harassment.

For workers with disabilities, we must ensure adequate provision and maintenance of the necessary means, equipment and tools, including digital ones. Also their universal access to avoid any kind of exclusion.




For further information contact 93 872 69 44


GMintegra HR