Home Office in Spain due to sixth COVID-19 wave
Due to the situation caused by the Sixth Wave of Covid-19 (and except for what may be established by your collective bargaining agreement (CBA) and / or what may have been agreed with the workers’ representatives) we just wanted to remember that it is possible to continue applying in Spain the so-called “home office by Covid19”.
The Third Transitory Disposition of Spanish Law 10/2021, of July 9, 2021, on remote working (also called as “home office due to Covid19”), establishes the following:
“To home office implemented exceptionally in application of article 5 of RD-law 8/2020, of March 17, or as a result COVID-19 health containment measures, and as long as these are maintained, shall continue to apply ordinary labor regulations”.
This wording implies nowadays is still possible to take advantage of “home office by Covid19” (continue to apply ordinary labor regulations) since restrictions and containment measures remain to this day (and due to the present situation, it is even foreseeable that they will go further, and sanitary measures will be hardened).
Home office due to Covid19 in Spain
Meanwhile, it is advisable that your company:
• Teleworking (home office) by Covid19 is re-implemented in accordance with the provisions of the Third Transitory Disposition of Law 2021 should be expressly specified and link this measure due to the current incidence of COVID19 and the situation caused by the sixth Covid19 wave. This measure is adopted to safeguard the safety and health of workers. A maximum duration can be set (for instance, only during the Christmas period)
• In addition it is necessary to take into account what may be established in the applicable collective labour agreement (CLA) and / or what is agreed on home office with the workers’ representatives.
• Finally, it is advisable to speak with the Occupational Risk Prevention Department and / or prevention delegates (in this sense, in any case, article 7 of Law 2/2021 requires the adoption of a series of prevention measures around the Covid-19) (Employers have the duty to protect their workers from occupational risks, ensuring their health and safety in all work-related aspects).