10 November 2021.
CONTEXT
- 2019: 4.8% of workers teleworked
- 2020: 34% of workers teleworked
- 4.4 million workers were forced to adapt to the situation in an improvised manner and without prior planning
What is teleworking?
Remotely (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).
The percentage that increases to 50% must be regular and applicable to internship and training contracts.
Through a voluntary agreement, formalized in writing, with a minimum content: tools, assumption of expenses for working remotely, stipulated schedule (it may also include control tools to ensure that the employee is effectively carrying out his/her work). On an individual basis (with special importance for collective bargaining). With a 10-day period to deliver a copy of the agreements in writing to the RLT, and finally with a reversible nature.
COSTS
- The company assumes the costs of the means, equipment and tools linked to the development of the activity
- Right to be provided with the means to work remotely, as well as attention in the event of technical difficulties
- Amount: negotiation (individual or collective)
- The employee may not assume the costs of the tools that he/she will need for the work activity
Regarding the time record, the obligation to record entry and exit remains. The teleworking law gives the right to a flexible schedule: the employer can establish times and time slots of availability. Respect for work and rest times will continue to be mandatory. And finally, it will give the right to digital disconnection outside of working hours: respect for the maximum duration of the working day, limitation on the use of technological means of business and work communication during rest periods.
PRL
•Risk assessment and planning of preventive activity for remote work: take into account the risks characteristic of this modality. Special attention to psychosocial, ergonomic and organisational factors and accessibility of the effective work environment. Take into account the distribution of the working day.
•The company is exempt from the obligation to carry out a risk assessment of the teleworker’s workplace in the terms provided for in art. 16 of the LPRL: exceptionally, a voluntary self-assessment by the worker will be sufficient. With it, the company will plan the most appropriate protection measures.
•A visit to the workplace may be requested, always subject to the worker’s acceptance.
GOOD PRACTICES IN Occupational Health and Safety (OHS)
Take into account the main risks associated with teleworking:
•Musculoskeletal disorders
•Visual fatigue
•Psychosocial organisational risks
•Those arising from the transformation of part of the home into a workplace
What can be done?
•Psychosocial factors: action procedures, training, preventive measures, communication procedures…
•Ergonomic and organisational factors: identify and enable an isolatable area within the home: facilitate good postures and changes of posture, adaptation to the dimensions of the worker, respect for distances…
•Keep the work space tidy: wiring…
•Monitor temperature and ventilation
Evaluation of health and safety risks for the teleworker (included in the prevention plan)
Health monitoring and information and training for the teleworker.
RIGHT TO EQUAL TREATMENT
Employees who work remotely have the same rights as those who work in person: Equal working conditions, equal pay, equal promotion, equal conciliation.
It is important to take the necessary measures against sexual, discriminatory or workplace harassment.
For workers with disabilities, we must ensure the provision and adequate maintenance of the necessary means, equipment and tools, including digital ones. Also their universal access to avoid any type of exclusion
For more information contact 93 872 69 44