Telecommuting, adaptation of schedule and day

Are you a salaried worker and still working from home?

The Government of Spain has launched a series of measures in various royal decrees such as the Royal Decree Law 8/2020 of March 17 (PDF) and 28/2020 of September 22, which includes various support measures for different groups.

Specifically in the article 5 of said royal decree establishes exceptional measures of a labor nature whose priority objectives are to ensure that business activity and work relationships resume normally after the exceptional health situation.
Companies must establish organizational systems that allow the activity to be maintained through alternative mechanisms, particularly through remote work. The company must adopt the appropriate measures if this is technically and reasonably possible and if the necessary adaptation effort is proportionate. These alternative measures, particularly remote work, must be given priority over the temporary cessation or reduction of activity.

Furthermore, in the article 6 measures are established to adapt the day and reduce the schedule whenever the care of a person is needed: spouse, common-law partner or direct family member always related to COVID-19.

The purpose of these measures is to favor the maintenance of employment and reinforce the protection of workers.

If the type of work I do cannot be done remotely, should I go to my job?

The employee must go to his job unless he has a justified cause, the employer in that case must put all the necessary prevention and hygiene measures to avoid the spread of Covid-19, provided for in the Risk Prevention Law Labor (LPRL)

If I work from home, will my working conditions be affected in any way?

No, if you continue to work from home your rights and your salary do not change.


MORE INFORMATION:
Royal Decree Law 8/2020 of March 17

This information is indicative, not binding in any case. It is conceived as information to support entrepreneurship. It is recommended to check the official regulations and, where appropriate, study and consult each specific case.

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