Therefore, all those companies that have all or part of their workforce working from home, due to all the health measures derived from the coronavirus, and do not plan to extend this situation beyond Covid 19, are not obliged to regularize this teleworking practice.
However, companies that consider that when the health crisis ends they will continue with teleworking, do have to regularize their situation and therefore their employment contracts, and they must do so in all cases in which remote work represents at least 30% of the working day.
In these cases, a new voluntary agreement will need to be created between the company and the worker specifying:
- Where the employee will telework from
- Which work center it will depend on
- How long the agreement will last
- Working hours and availability will need to be specified
- How many hours a week they will work in person and how many remotely
- All the resources they need to telework will need to be made available to the worker
- The company's control mechanisms will also need to be detailed
- And the instructions on data protection and information security
In all these cases, the company will have to cover all the expenses of the worker who is the cause of the telework, and will have to guarantee the right to digital disconnection, as well as equal opportunities with respect to people who physically work in the company.