Home / All CMS Expert Guides / CMS Expert Guide to remote working /
Spain

Remote Working Legislation, Laws & Regulations in Spain

Laws, regulations and legal information related to working from home and remote work

Table of contents
  1. Is there any legislation relating to working from home in your country?
  2. How can working from home be implemented in a company (e.g. through collective bargaining agreements, a unilateral decision, employment contracts)?
  3. Can an employer force an employee to work from home?
  4. Can an employee force an employer to allow them to work remotely?
  5. Does an employer have to provide the employee with office equipment and supplies for remote work?
  6. Does a company have to reimburse an employee for expenses incurred while working from home?
  7. Does an employer have to grant an employee a specific allowance for working from home? If so, under what conditions does an employer not have to pay such an allowance?    
  8. For employees who work remotely, is the employer responsible for ensuring proper working conditions from a health and safety perspective?
  9. Are there any other specific obligations for the employer?
  10. Does an employee need to be insured to work from home?
  11. Is an employee who works from home protected by legislation for work-related accidents and illnesses?
  12. Is an employer permitted to charge its employees a “reimbursement for working from home” for costs saved? (Saved expenses could include the employee’s reduced costs for transportation, petrol, lunches in restaurants and dry-cleaning charges for office attire)
  13. Are there any other specific obligations on the employee?
  14. Have there been any legislative changes, or updates to immigration rules, designed to encourage short-term remote working in your country (compared to the rules normally found in other countries)?
  15.  Any other comments?
Spain
Add jurisdiction
Choose a jurisdiction to compare with

1. Is there any legislation relating to working from home in your country?

Yes. Remote working is regulated in art. 13 of the Spanish Workers' Statute (SWS) and in Law 10/2021 of 9 July on remote working.

Remote working regulations apply to all employees who telework on a regular basis – i.e. provide their services remotely at least 30% of their working time in a reference period of 3 months.

2. How can working from home be implemented in a company (e.g. through collective bargaining agreements, a unilateral decision, employment contracts)?

Remote working cannot be imposed unilaterally by the company or by the employee, it should be agreed between both parties.

In order to do so, and before beginning to work remotely, a written agreement must be formalized and be attached to the employment contract. This agreement should regulate, among other things:

  • An inventory of the resources, equipment and tools necessary for providing services;
  • Expenses in which the employee may incur, as well as how this should be calculated;
  • Term of the remote working arrangement and notice periods for reversing it;
  • Percentage and split between on-site and remote working;
  • The company's control measures;
  • The employee's chosen remote working location.

Moreover, the company will provide the employees' representatives with copies of all remote working agreements and details of all actions taken. Once the above has been carried out, said copies will be sent to the employment authority. 

3. Can an employer force an employee to work from home?

No. Remote working is voluntary and reversible for the employee and for the company.

4. Can an employee force an employer to allow them to work remotely?

No.

However, when an employee asks to work from home due to childcare, the employer's refusal must be justified on objective grounds (Article 34 SWS), such as technical impossibility and potential business disorganisation.

5. Does an employer have to provide the employee with office equipment and supplies for remote work?

Yes. Employees are entitled to adequate provision and maintenance of all the necessary resources, equipment and tools. Also, the company should provide technical assistance when needed.

6. Does a company have to reimburse an employee for expenses incurred while working from home?

Yes. The company must assume expenses related to the resources, equipment and tools necessary for the provision of services. These costs cannot be borne by the employee.

7. Does an employer have to grant an employee a specific allowance for working from home? If so, under what conditions does an employer not have to pay such an allowance?    

No, even if for simplification purposes it is usual practice to agree a fixed allowance as compensation of expenses.

8. For employees who work remotely, is the employer responsible for ensuring proper working conditions from a health and safety perspective?

Yes, employees rendering services from home must be entitled to the same health and safety level of protection as employees working on-site. However, risk assessment and planning of preventive activity should be adapted to specific remote working risks.

9. Are there any other specific obligations for the employer?

The employer is obliged to track working time through the working time registry – without prejudice to the greater time flexibility that may be involved in the development of remote working.

Also, the employer should guarantee downtime. This implies, amongst other things, limiting the use of work-based communication technologies during rest periods. Following consultation with the employees' representatives, companies must draw up an internal policy aimed at ensuring and raising awareness of the right to digital downtime.

10. Does an employee need to be insured to work from home?

Remote employees do not need to be covered by any specific insurance policy.

That said, certain CBAs set forth collective insurance policies that companies must hire in favour of its employees. If that is the case, remote workers should be covered by the same relevant insurance as the rest of employees.

Yes, benefits arising from work-related accidents and illnesses apply if an accident occurs while the employee is working from home. However, to be considered a work accident, the event must take place while the employee is performing work-related services.

12. Is an employer permitted to charge its employees a “reimbursement for working from home” for costs saved? (Saved expenses could include the employee’s reduced costs for transportation, petrol, lunches in restaurants and dry-cleaning charges for office attire)

Before removing any expenses compensation paid by the company, it should be analysed whether it is possible to do so or if these amounts should be considered as part of the salary which cannot be unilaterally removed. In the first scenario it would be possible to agree to compensating these two amounts, but not in the second.

13. Are there any other specific obligations on the employee?

The employee should use IT devices provided by the company according to the company’s criteria for their use.

14. Have there been any legislative changes, or updates to immigration rules, designed to encourage short-term remote working in your country (compared to the rules normally found in other countries)?

In December 2022, Law 28/2022, of 21 December, on the promotion of the start-up ecosystem was approved. Through this law for the promotion and development of entrepreneurship in the country, a new visa has been set up for digital nomads and foreigners working remotely from Spain.

The international telework visa can be requested by all non-EU citizens who wish to carry out an employment or professional remote work activity in Spain and who can accredit:

  • a graduate or postgraduate qualification;
  • vocational training and schools of recognised prestige; or
  • prove that they have more than 3 years of experience.

Pursuant to Law 14/2013, of 27 September, on support for entrepreneurs and their internationalisation, the general requirements to reside in Spain are the following:

  • not being irregularly in Spain;
  • being above 18 years of age;
  • not having any criminal record in Spain and in the countries where the employee has resided during the last two years, for offences in the Spanish legal system. Furthermore, employees must submit a declaration that they have not had a criminal record for the last five years;
  • not appearing as rejectable in the territorial space of countries with which Spain has signed an agreement to that effect;
  • have a public health insurance policy or a private health insurance policy with an insurance company authorised to operate in Spain;
  • have sufficient financial resources for themselves and their family members during their period of residence in Spain;
  • pay the fee for the processing of the authorisation or the visa.

In addition to the aforementioned general requirements for being able to reside in Spain, since the enforcement of the Law 28/2022, the following must be accredited:

  • the existence of a real and continuous activity for at least one year of the company or group of companies with which the employee has an employment or professional relationship;
  • documentation proving that the employment or professional relationship can be carried out remotely;
  • in the case of an employment relationship, proof must be provided of its existence between the employee and the company not located in Spain for at least the last three months prior to the submission of the application, as well as documentation accrediting that the company allows the employee to carry out the work activity remotely;
  • In the case of the existence of a professional relationship, it must be proven that the individual has had a business relationship with one or more companies not located in Spain for at least the last three months, as well as documentation accrediting the terms and conditions under which he/she is going to carry out the professional activity at a distance.

15. Any other comments?

N/A