Remote Work Law in Spain: Key Points and Essential Rights for Employees and Companies

The regulation clarified that scenario: it put down in writing what had previously been improvised. But the question we ask today is: is your SME truly complying with everything the law requires?

The Remote Work Law in Spain: Framework and Application

The law, called Law 10/2021, of July 9, on remote work, marks a turning point in how remote work is organized. Its goal is not to make life harder for companies, but to ensure that this modality is carried out under the same conditions as on-site work—that is, with safety, equality, and recognized rights.

It was born as a direct response to the pandemic, when remote work went from being an occasional option to the usual way of working for millions of people. And although some sectors quickly returned to the office, in others the hybrid model is here to stay.

What exactly does this law regulate?

👉 It defines what we mean by remote work, when it applies, which rights workers have, and what obligations companies must meet. In short, it establishes a legal framework so that both employees and organizations play by the same rules.

Difference Between Telework and Remote Work

Here’s an important nuance: not all remote work is telework.

The former includes any activity performed outside the office, whether from home, a coworking space, or even another city.

Telework, by contrast, means those tasks are carried out using technology: a computer, internet connection, digital platforms. In other words, telework is a type of remote work, but not all remote work is telework.

Additional Provisions and Related Regulations

The law doesn’t stand alone; it draws on other rules that round out the regulatory framework. For example, the Ley de Protección de Datos (because teleworking involves handling sensitive information from home) or the Ley de Prevención de Riesgos Laborales (yes, it also applies in your living room or home office).

In addition, collective bargaining and company agreements play a key role. It’s not about copying and pasting the law, but adapting it to the reality of each company. Each collective agreement can specify particular conditions, as long as it respects the minimum standards set by the law.

Rights and Obligations: What Spain’s Remote Work Law Says

Rights of People Who Telework

The law is clear: anyone working remotely has the same rights as those working on site. This means access to training, equal opportunities for promotion, and stability in working conditions. There’s no room for discrimination.

One of the most talked-about points is the right to disconnect. The idea is simple: no one should receive work messages outside their working hours. Working from home does not mean being available 24/7. This right aims to protect mental health and prevent burnout.

There’s also the company’s duty to provide the necessary means and tools: computer, software, internet, electricity, etc.

Obligations of Companies

This is where many SMEs get tripped up. The law clearly states that the company must bear the costs of telework. If someone needs a laptop, a connection, or an ergonomic mouse, it cannot come out of their salary.

There’s also responsibility for occupational risk prevention. Even at home, employers must ensure a safe workspace: good lighting, suitable furniture, ergonomic training. The goal is to prevent remote work from causing long-term health problems.

Conditions for Implementing Telework

Telework Agreement

It’s not enough to say “work from home and that’s it.” The law requires a telework agreement that sets out aspects such as:

• What functions will be performed.
• Working hours and flexibility.
• What happens if there’s a return to the office.
• How expenses are compensated.

Another key point: telework is deemed to exist when at least 30% of the working day is carried out remotely over three consecutive months. In other words, a one-off home-office day does not count.

Schedules, Flexibility, and Time Tracking

Flexibility is one of telework’s big attractions, but also a challenge. Companies must keep a time record that reflects hours worked. It’s not about surveillance, but about ensuring that labor rights are upheld.

Training and Upskilling

The law also addresses the need for continuous training. Teleworking involves using digital tools, and not everyone is at the same level. That’s why companies must offer training and access to upskilling courses. A trained worker is more efficient and adapts better to change.

Data Protection

Telework increases the risks associated with handling sensitive information. Companies must guarantee security measures that prevent leaks or misuse. This includes cybersecurity training, clear protocols, and protection systems suited to the realities of remote work.

The Guía de la OIT (Organización Internacional del Trabajo) sobre teletrabajo on telework compiles practical recommendations to ensure these measures are properly implemented, creating safe and healthy work environments at a distance as well.

The Remote Work Law in Spain in the Public Sector

The public administration has also embraced telework. It operates with specific protocols that allow civil servants to work remotely without losing efficiency or service quality. Here, each autonomous community can add its own rules, always within the general framework of Law 10/2021.

Impact of the Law on Companies and Society

Cultural Changes in Organizations

The law has changed not only where we work, but how we think about work. Many companies have had to digitize at full speed, implement new tools, and shift their culture. The focus is no longer on “clocking in,” but on results.

Work–Life Balance and Quality of Life

The big benefit: improved work–life balance. Teleworking allows people to better organize their schedules, reduce commuting, and gain time for their personal lives.

This directly impacts well-being and job satisfaction. In fact, according to the latest INE survey on telework in Spain, the percentage of people working remotely has grown steadily since the pandemic, consolidating a structural change in how we understand employment.

Specifically, in the first quarter of 2024, 37.5% of companies with 10 or more employees allowed telework. That figure rose to 80.4% for companies with 250 or more employees.

And “the average number of days per week that workers teleworked in that period was 2.4.”

	Q1 2024	Q1 2023
Companies that allow telework by their employees	37.5	34.2
Percentage of employees who regularly telework	19.8	18.9
Average number of telework days per week per employee	2.4	2.4

Practical Challenges

Not everything is perfect. Isolation, difficulty separating personal and professional spheres, and the need to invest in technology are some of the main challenges.

What Studies Reveal About Telework

There are organizations that have successfully implemented telework, adapting processes and tools to maintain team cohesion and productivity.

At the European level, Eurofound has studied how telework affects both productivity and workers’ well-being, confirming that the benefits are clear—though not without challenges.

Table of Rights and Obligations

	Worker’s Right	Employer’s Obligation
Equal treatment	Access to promotions and training	Ensure equality
Digital disconnection	Not being available outside working hours	Respect rest periods
Costs & equipment	Computer, internet, electricity covered	Bear the costs
Prevention	Safe workspace	Provide ergonomics training
Training	Access to courses and upskilling	Provide and fund

Spain’s remote work law is not just a legal requirement; it’s an opportunity. Properly applied, it improves workers’ lives and boosts company productivity. But it requires commitment: adapting policies, investing in training, and keeping team culture alive.

At GM Integra, we can help you implement telework in your company safely and in compliance with regulations, thanks to our specialized labor and legal advisory service.

FAQs on Spain’s Remote Work Law

• When is a person considered to be working under telework?          When at least 30% of their working time is carried out remotely over a three-month consecutive period.
• Who must pay telework expenses?
  The company is obliged to cover expenses derived from telework, such as internet, electricity, or necessary equipment.
• Is it mandatory to sign a telework agreement?
  Yes. There must be a written agreement specifying conditions, schedules, functions, and compensation.
• Can I work outside Spain under telework?
  Yes, but it depends on the agreement with the company and the laws of the destination country. It may involve tax and social security issues, so it’s advisable to put it in writing and consult labor advisory services.
• What happens if my company does not comply with the remote work law?
  It may face sanctions and claims, since this is a right regulated by current labor law.