decree-law on remote work published this Wednesday in the Official State Gazette (BOE).<\/a><\/p>\nSpecifically, the regulation modifies the Law on Infractions and Sanctions of the Social Order (LISOS) to consider as a "serious infraction" the non-formalization of the remote work agreement, equating this situation with the non-formalization in writing of the employment contract.<\/p>\n
The second was already typified in the LISOS as a serious infraction. With the approval of the law that regulates teleworking, which will enter into force in 20 days, it will now also be considered a serious offense not to formalize the remote work agreement.<\/p>\n
Article 7.1 of the LISOS establishes that it will be considered a serious infraction in terms of labor relations "not formalizing the employment contract in writing, when this requirement is enforceable or has been requested by the worker, or not formalizing the remote work agreement in the terms and with the legal and conventionally established requirements\u201d.<\/p>\n
It should be noted, however, that the decree contemplates that remote work implemented exceptionally as a result of the health containment measures derived from the pandemic, and as long as these are maintained, the ordinary labor regulations will continue to apply. This does not take away from the fact that companies are obliged to provide workers with the means, equipment and tools required for the development of remote work, as well as the maintenance that is necessary. Collective bargaining, where appropriate, will establish the form of compensation for the expenses of the 'teleworker' during the pandemic, if they existed and had not already been compensated.<\/p>\n
In any case, the fines included in the new regulation for the aforementioned infractions are between 626 and 1,250 euros in their minimum degree; between 1,251 to 3,125 euros in its medium grave; and between 3,126 and 6,250 euros in its maximum degree. Violations cannot be penalized without the prior instruction of the appropriate file, at the proposal of the Labor and Social Security Inspectorate.<\/p>\n
The inclusion of these fines in the aforementioned article 7 was already provided for in the drafts that the Ministry of Labor has been drafting for weeks. The department headed by Yolanda D\u00edaz has insisted during the negotiations with the social agents on the need for the agreement between the worker and the company to be formalized in writing when opting for teleworking.<\/p>\n
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The new regulation modifies the Law on Infractions and Sanctions of the Social Order. The decree does not apply to teleworking resulting from COVID-19 measures. Companies that do not formalize in writing the remote work agreement with their employees approved this Tuesday by the Council of Ministers may be fined up to [\u2026]<\/p>","protected":false},"author":2,"featured_media":120324,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-120323","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-noticias"],"_links":{"self":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/120323","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/comments?post=120323"}],"version-history":[{"count":4,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/120323\/revisions"}],"predecessor-version":[{"id":120333,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/120323\/revisions\/120333"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/media\/120324"}],"wp:attachment":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/media?parent=120323"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/categories?post=120323"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/tags?post=120323"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}