Article 6 of Legislative Royal Decree 3/2012 replaces the term 'working from home', contained in Article 13 of the Worker's Statute, with the term 'distance working'. 'Distance working' is where working activity is performed principally in the worker's home as an alternative to the worker being physically present in the company's workplace. The agreement to establish a distance-working regime may be made at the beginning of the contract or later, but the agreement must always be in writing. A basic copy of this agreement must be delivered to the worker's trade union representatives.

Distance workers will have the same rights as those who work in the company's workplace, except those rights inherent to their physical presence at work. In particular, distance workers will have the right to enjoy the full benefits of their professional category and functions. The employer must establish the means necessary to ensure that such workers have effective access to continuous training in order to allow them to gain professional promotion. Similarly, in order to enable mobility and promotion, the employer must inform distance workers of any vacant positions that involve being physically present in the workplace.

In order to exercise collective representation rights, the distance worker must be specifically attached to one of the company's workplaces.

For further information on this topic please contact Ricardo Pradas Montilla at Pradas y Cebrián Asociados by telephone (+34 9170 103 90) or email ([email protected]).