The draft telework law that is being prepared by the Government, which has already been sent to the social agents in order to reach a consensus on a text that should later be approved in Congress and the Senate, is articulated on different axes such as voluntariness, free choice hours, compensation of direct and indirect expenses and digital disconnection. Everything, with the aim of regulating a practice that has become daily due to the effect of the coronavirus health and economic crisis. The text also includes a wide range of measures and proposals, which also delves into other problems and dangers of remote work, such asoccupational risks, the right to privacy, possible detriments to internal promotion and salary progression or the strengthening of gender and care roles .
One of the main points of the preliminary project is that which addresses the "specific and differentiated" risks of teleworking, which must be taken into account in the company's preventive policy. These specific dangers "can be physical, such as those derived from sedentary lifestyle or working in front of display screens." The text emphasizes the problems associated with working in places that are not prepared to face a day, as well as the bad postures that can lead to injuries or physical damage.
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Likewise, the isolation conditions and the use of digital devices mean that the concurrence of psychosocial risks must be especially considered, "including technological stress or technological addictions". It is also appropriate, adds the proposal, that the company adopt measures against harassment, of any nature, that in the case of remote work could occur and have some particular features. For example, cyberbullying .
The proposed law dedicates a specific section to the rights related to the use of digital media. Thus, “the right to privacy of the worker is expressly guaranteed ”, and it is established that the control mechanisms that may exist on the part of the employer on mobile devices must always be “suitable, necessary and proportional”. The text also includes the business duty to "guarantee disconnection", with an absolute limitation on the use of technological means of business communication and work during the "established rest" periods, which must be agreed between company and employee and be collected to ensure compliance.
The preliminary project keeps its back to ensure that the rights related to career and professional promotion are fulfilled , so that this type of work does not pose a stumbling block to employee growth. Thus, the law establishes a preference for "access to the face-to-face work of the remote worker", for which the obligation is configured for the company to inform them of the face-to-face vacancies that occur. For the same reason, a right of reversion to previous work is also established, "within the time that would have been hypothetically established for the trial period", if remote work had been accessed from a face-to-face position. Teleworking, in addition, must always be voluntary, and never by imposition.
Regarding salary and other benefits, remote employees will not suffer prejudice, “ supposedly motivated by the different standard of living ” in their working conditions, “including remuneration, job stability”.
A particularly complex aspect of remote work is, a priori, the greater ability to reconcile responsibilities and care for minors and dependents. Thus, while this format can facilitate the care of minors and dependents due to the greater time flexibility it allows, it can also “perpetuate care roles if it is used mainly by women. To prevent this from happening, the preliminary draft stresses the need for the agreements "to avoid the perpetuation of roles and take into account the promotion of joint responsibility between women and men".
Another recommendation in the text is that conciliation rights be expressly configured. "This forecast is necessary because the idea that working time and care time can be simultaneous is wrong," recalls the document.
Increase
Remote work, explains the text, "can have advantages for the company, for the person and even for society." According to Eurostat, in 2019 the EU average for the use of telework was 14.3%, with Sweden (34.7%) and the Netherlands (39.9%) at the top. In Spain, its use was lower than the Union average (8.3%) , although there is a clear tendency to increase during the last 10 years (in 2009 its use did not exceed 5.8%). Now, explains the text of the Ministry of Labor, it is time to regulate it and go further.
No expenses
One of the topics that are dealt with in more detail in the bill is that of "compensation for expenses and the contribution of means and tools of work". Thus, it is expressly established that the contribution of the necessary means for the labor activity must be the entire responsibility of the company, and that “the worker has, in addition, the right to be compensated for any expense, direct or indirect, that may cause him the development of remote work ”. It is possible, the text anticipates, that through collective agreement specific perceptions are established directed to these compensation of expenses, which can take very different forms, and which may be of interest to simplify their calculation and payment. “However, workers have the right to be compensated for all the expenses they incur , so if this provision does not cover such total compensation, generally or in some specific case, they will have the right to claim the difference".
The text sent to the social partners also makes it clear that companies will have to opt for these remote work formats whenever a situation of force majeure, such as one of an environmental or health nature, requires it. Various contexts are also established in which there is a "family force majeure".
