How Teletrabajar and not dying in the attempt
So much if teletrabajas as if have personal teletrabajando, give you the keys and the asesoria to do it easy, effective and according to the rule.
The past 23 September published in the BOE the basic keys of the RD-Law 28/2020 of work to distance and that will not go in in force until 13 October. Sure that this “new” modality of work wake you doubts… Go to answer to some of the most frequent:
What is the teleworking?
The teleworking or work to distance is the one who loans in the domicile of the worker or place chosen during his day or part of her, with regular character. So that the labour situation of the worker consider work to distance has to occupy like minimum 30% of the working time during a period of 3 months, that is to say, more than a day and half by week. This modality of work carry by means of the use of computer or telematic systems.
The minor workers of 18 years, with agreement of practices and agreement of formation, that before were excluded of the work to distance, now will be able to teletrabajar making 50% of the day of face-to-face way.
The company can oblige me to work from house?
It can not oblige you since the decree establishes that the work to distance is a voluntary formula, so much for the employee as for the company, and that besides is reversible for both.
The collective negotiation will be key to define details as for example the one of the modification of the percentage of presencialidad, that will have to carry in accordance with the established in the collective agreement or the agreement of company.
And the costs, who assumes them?
It is the company the one who has to commission of the endowment and maintenance of the means and squads that needs the worker to exert his activity to distance. The legal text says that the development of the activity has to be sufragado or compensated by the company, since the worker can not assume the costs related with the squads and the rest of means that do him fault to carry his activity. In any case the agreements or collective agreements will be able to establish the mechanism to determine and compensate these costs.
Has to sign an agreement among company and workers?
Both parts have to formalise an agreement written among worker and company. The empleador has a term of 10 days to hand the text to the representatives of the workers and afterwards will have to hand in the office of use. In said agreement will have to reflect : the inventory of the squads and necessary tools to develop the activity in remote included the expendable and the elements pieces of furniture, the costs in which it can incur the worker and the modality to quantify them and compensate them, the schedules of work or rules of availability, the place chosen for the employee for teletrabajar, the means of control to disposal of the company, the length of the agreement and the instructions to exert the activity. Also they will go in in this agreement the instructions dictated by the company, with the participation of the legal representatives of the workers, in matter of data protection and on security of the information.
Working home have the same rights that the the one who does it of face-to-face form?
Yes, it is guaranteeed. The employee that teletrabaja does not have to suffer damages neither in the reward, neither of permanence in the place, neither in the time of work, formation or professional promotion. This law will recognise the same rights in conciliation and corresponsabilidad and also guarantees the right to the digital disconnection.
The company can control me?
Yes, it will be able to adopt the measures that consider more timely of surveillance and control of the worker even through telematic means, in all the cases take the dignity and privacy.
The time register maintains ?
Yes, will have to include the moment of start and ending of the day and of the tracts of activity. Besides it will be necessary to establish some times of compulsory availability. Employers and workers can negotiate if in determinate time bands the employee has to guarantee his availability.
What spends with work that have made home during the pandemia?
The companies will be obliged to endow to the workers of the means, squads, tools and expendable that demands the development of the work to distance, as well as the maintenance that result necessary. The collective negotiation will establish the form of compensation of the costs derived for the hard-working person to distance, if they existed and had not been already compensated the costs.
The legal text also clears that if employer and the staff already had a relative internal regulation to the work in remote, the new law will be applicable when this caduque. If it does not have a term of length, the new law will apply once spend a year from his publication in the BOE, although the parts can agree a main time, until a maximum of three years.
What is the teleworking?
The teleworking or work to distance is the one who loans in the domicile of the worker or place chosen during his day or part of her, with regular character. So that the labour situation of the worker consider work to distance has to occupy like minimum 30% of the working time during a period of 3 months, that is to say, more than a day and half by week. This modality of work carry by means of the use of computer or telematic systems.
The minor workers of 18 years, with agreement of practices and agreement of formation, that before were excluded of the work to distance, now will be able to teletrabajar making 50% of the day of face-to-face way.
The company can oblige me to work from house?
It can not oblige you since the decree establishes that the work to distance is a voluntary formula, so much for the employee as for the company, and that besides is reversible for both.
The collective negotiation will be key to define details as for example the one of the modification of the percentage of presencialidad, that will have to carry in accordance with the established in the collective agreement or the agreement of company.
And the costs, who assumes them?
It is the company the one who has to commission of the endowment and maintenance of the means and squads that needs the worker to exert his activity to distance. The legal text says that the development of the activity has to be sufragado or compensated by the company, since the worker can not assume the costs related with the squads and the rest of means that do him fault to carry his activity. In any case the agreements or collective agreements will be able to establish the mechanism to determine and compensate these costs.
Has to sign an agreement among company and workers?
Both parts have to formalise an agreement written among worker and company. The empleador has a term of 10 days to hand the text to the representatives of the workers and afterwards will have to hand in the office of use. In said agreement will have to reflect : the inventory of the squads and necessary tools to develop the activity in remote included the expendable and the elements pieces of furniture, the costs in which it can incur the worker and the modality to quantify them and compensate them, the schedules of work or rules of availability, the place chosen for the employee for teletrabajar, the means of control to disposal of the company, the length of the agreement and the instructions to exert the activity. Also they will go in in this agreement the instructions dictated by the company, with the participation of the legal representatives of the workers, in matter of data protection and on security of the information.
Working home have the same rights that the the one who does it of face-to-face form?
Yes, it is guaranteeed. The employee that teletrabaja does not have to suffer damages neither in the reward, neither of permanence in the place, neither in the time of work, formation or professional promotion. This law will recognise the same rights in conciliation and corresponsabilidad and also guarantees the right to the digital disconnection.
The company can control me?
Yes, it will be able to adopt the measures that consider more timely of surveillance and control of the worker even through telematic means, in all the cases take the dignity and privacy.
The time register maintains ?
Yes, will have to include the moment of start and ending of the day and of the tracts of activity. Besides it will be necessary to establish some times of compulsory availability. Employers and workers can negotiate if in determinate time bands the employee has to guarantee his availability.
What spends with work that have made home during the pandemia?
The companies will be obliged to endow to the workers of the means, squads, tools and expendable that demands the development of the work to distance, as well as the maintenance that result necessary. The collective negotiation will establish the form of compensation of the costs derived for the hard-working person to distance, if they existed and had not been already compensated the costs.
The legal text also clears that if employer and the staff already had a relative internal regulation to the work in remote, the new law will be applicable when this caduque. If it does not have a term of length, the new law will apply once spend a year from his publication in the BOE, although the parts can agree a main time, until a maximum of three years.
