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Companies do not have to pay teleworking expenses during the first confinement

According to a recent ruling by the National Court, companies are not obliged to pay the expenses for teleworking during the first confinement, which took place during the first wave of Coronavius, since this Court considers that the obligation to pay these expenses only takes effect from the entry into force of the Royal Decree on remote work in October 2020.

8/9/2021

Since between March and October 2020, the payment of teleworking expenses was not configured as a right, the National Court understands that it cannot be demanded generically by the workforce, but there are some situations in which the reimbursement of these expenses could be demanded, although they would need to be reviewed individually.

What companies can do is establish this right in the collective agreements or agreements, and specify what the mechanisms would be for the reimbursement of these expenses derived from teleworking during the first confinement.

On the other hand, the National Court does not close the door to the possibility that workers can demand the reimbursement of what was spent as a result of providing services from home, so they admit three situations in which it would be possible:

  1. If so stipulated in an individual agreement on this matter
  2. By filing a claim through the courts, individually proving the expenses incurred.
  3. If so established in the collective agreement or agreement of the sector.
Expenses for teleworking

As all these scenarios arise, it is vitally important that companies have systems like timenet, which allow them to manage and control time efficiently and effectively, being able to have a record of each person's working day, correctly controlled and kept, as stipulated by the Law!

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