Remote work agreements in Spain: what to negotiate and who they’re for

Remote work is perhaps the thing that unites everyone who passes through Llum Coworking. To a greater or lesser extent, whether we're freelancers or employees, this way of working is a reality. But when we work for a company, it's essential to have a signed agreement that protects our rights.

In this article we explain what you should negotiate in your remote work agreement in Spain and the benefits of signing one.
Contents

What to negotiate in your remote work agreement

When negotiating a remote work agreement, there are several things to bear in mind so you don’t end up working more hours than you should or in the wrong conditions.

First, it’s important to have it in writing that the company you work for agrees to you working away from the office. It sounds obvious, but it’s essential and can save you from future conflicts.
Second, you need to decide which type of remote work best suits both your needs and your team’s. There are two main options: hybrid or fully remote.

Hybrid work, which is increasingly common, means going into the office from time to time (usually one or two days a week), while fully remote work means you can work from home – or from Llum.

Of course, you need to pay special attention to your salary. Working away from the office doesn’t mean you’ll spend fewer hours or less effort on your job – quite the opposite. It also involves extra costs that you need to take into account.

So it’s important to include in the agreement the resources you need to do your job remotely: for example, a laptop, access to the intranet, a VPN, a 5G connection, etc.

And of course, one option you shouldn’t miss is asking for those expenses to cover working from a coworking space like Llum. That way you’ll have a comfortable place close to home, with everything you need to do your job.

When is a remote work agreement required?

A bit of law. After the pandemic, remote work in Spain was regulated first by Royal Decree-Law 28/2020 and then by Law 10/2021 on remote work.

Remote work can’t be imposed: it has to be voluntary for both the company and the employee, and it must be agreed in writing, individually, before you start. The agreement is required when you work remotely on a regular basis, which the law defines as at least 30% of your working time over a period of three months.

Who does this law apply to?

The remote work law applies to employees working for a company in Spain. The key points are:
• Remote work must be voluntary for both sides.
• It must be set out in a written agreement.
• It must be reversible: both parties can agree to return to working on site.

How much should your company pay you for working remotely?

Current legislation doesn’t set a specific amount for every type of remote work, so this is something you need to agree with your employer (or through your collective agreement).

What the law does establish is that the company has to cover the costs of your work, and that includes, of course, the costs of working from home.

According to published figures, Spanish companies offer a monthly allowance of around €50, but this depends on the sector.

Remote work agreement checklist

Here’s a list of the key points your remote work agreement should include:

• Working hours, clear and concise, with no small print, so you don’t end up working while doing the laundry or having dinner.
• What percentage of your monthly work will be done in the office and remotely.
• Which company site you’ll work from when you have to go in.
• How long the agreement will last.
• Who will solve technical problems related to remote work and what your responsibilities will be.
• Which expenses the company will cover and how they’ll be paid.
• How your work will be evaluated.
• How you’ll hold meetings and what data protection will apply to them.

These are just some basic points that should be in your remote work agreement, but don’t hesitate to include anything specific to your job so there are no problems in the future.
And if you decide to work away from the office, come and join us at Llum Coworking, in the centre of Valencia.

Author

Picture of Ariadna Santana
Ariadna Santana

Founder of Llum Coworking and freelance web designer. One hundred per cent Canarian, but with my heart in Valencia, where I pay my bills and enjoy my beers.

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