- The power of the company to unilaterally modify the percentage of employees' presence.
- The compensation of teleworking expenses based on the savings that this modality represents for the worker.
This decision reinforces the labor rights of employees and obliges companies to review their teleworking agreements to adapt them to current regulations.
What exactly does the ruling say?
The Supreme Court has considered that allowing the company to unilaterally modify the percentage of teleworking constitutes an abuse of a dominant position in negotiations with workers. This practice contradicts article 1,256 of the Civil Code and article 8.1 of the Distance Working Law, which establish that any change in the conditions of remote work must be mutually agreed upon between the company and the worker.
On the other hand, the ruling also annuls the practice of some companies of compensating teleworking expenses with the supposed savings that this modality generates for workers (for example, in travel or meals). According to article 12 of the Distance Work Law, the company must fully assume the costs derived from teleworking, without being able to deduct them from a hypothetical saving by the worker.
How can companies adapt to this new reality?
This ruling implies that many companies will have to modify their teleworking agreements to ensure that they are fully legal. This may raise concerns about the control of working hours and the management of costs associated with teleworking.
This is where timenet becomes a key ally for companies. With our digital workday registration system, organizations can:
- Precisely control the working hours of employees, differentiating in-person hours from teleworking hours.
- Generate detailed reports on hours worked, allowing a transparent and fair calculation of economic compensation.
- Facilitate access to records for labor inspections, ensuring compliance with regulations and avoiding sanctions.
- Record hours at any time and place, ensuring flexibility without losing control.
In addition, timenet allows the management of projects and tasks in real time, which facilitates the organization of remote work and coordination between teams. In this way, companies can maintain a balance between flexibility and control, ensuring that they comply with the law without losing efficiency.
Teleworking is here to stay, but regulations are evolving
The hybrid work model is a reality in many companies, and its success depends on clear and transparent management of the working day. With the entry into force of this new regulation, it is essential that companies get up to speed to avoid labor conflicts and possible sanctions.