teleworking

The possibility to work remotely applies to central, regional, and local administrations' workers since 2008.

The Labour Code and the general careers' collective agreement regulate teleworking in the civil service. It is mainly regarded as a professional, private, and family life reconciliation tool.

The performance of functions in a teleworking regime is not compulsory and it is always dependent upon the worker's request.

In cases where such a request is made by a worker who is a victim of domestic violence or with a child up to the age of three or, irrespective of age, with a disability, chronic illness or oncological disease who share the same household, the employer should not oppose it, provided that the functions performed are compatible with remote working and that the employer has the necessary resources and means.

As of 2022, the latter right was extended to children up to the age of eight in the following situations:

• In cases where both parents meet the conditions for the performance of functions under teleworking, provided that it is performed by both in successive periods of equal duration within a maximum reference period of 12 months;
• Single-parent families or situations where only one of the parents is able to prove that he/she meets the conditions for teleworking.
  
  

Teleworking covers workers who already have a public employment relationship or who are specifically contracted to perform functions under that scheme. In both cases, a written agreement between the parties is required.

For workers with a previous public employment relationship the collective career agreement rule applies which limits the teleworking initial term to one year. For the other workers the Labour Code general rule applies, i.e., teleworking may have a fixed or indefinite term.

The teleworking agreement with a fixed term cannot exceed 6 months, being automatically renewed for equal periods, if none of the parties declares in writing, up to 15 days before its expiry, that they do not want the renewal.

In the case of a teleworking agreement of indefinite term, each party may terminate the agreement by written notice to the other party, which shall take effect after 60 days.

In any case, each party may terminate the teleworking agreement during the first 30 days of its implementation.

The same rights and obligations as other workers apply to teleworkers. The teleworking agreement establishes the following rights and obligations for both parties:

Since the 2022 teleworking regulation update the "right to disconnect" has been established and the responsibility to provide the necessary equipment, as well as the compensation for additional expenses, has been assigned to the employer.

The right to disconnect is expressed as a prohibition to contact the worker during his or her rest period, except in cases of force majeure.

Regarding the compensation due to the worker for additional expenses, the Labour Code states that a fixed amount for this purpose must be established by the teleworking agreement. The additional expenses are those related to the acquisition of goods and/or services that enable telework, as well as those determined by comparison with the homologous expenses of the worker in the last month of work in a face-to-face regime.