On 9 July 2021, Law 10/2021 on remote working, replaced Royal Decree-law 28/2020. The new law builds on the previous. The main new features are as follows:
- The company must not discriminate against remote workers on the grounds of sex, age, seniority, professional group or disability;
- With regard to disabled persons, the company must ensure that the means and equipment (including digital) are universally accessible in order to avoid exclusion;
- The occupational risk assessment of remote work shall not only take into account psychosocial, ergonomic and organisational factors, but also the accessibility of the actual working environment;
- The company may adopt measures for the surveillance and control of the remote worker, respecting at all times their dignity and personal circumstances;
- Article 40 of the Law on Offences and Penalties in the Employment Jurisdiction (“LISOS”) is amended to increase the amount of penalties by 20% (with effect from 1 October 2021). For example, the maximum very serious penalty for infringements in the field of labor relations and employment is increased from EUR187,515 to EUR225,018.
- Fines for the infringement of occupational risk prevention rules, which are larger, have also been increased:
- Minor infringements such as not informing the labor authorities on time of a minor accident, will be punished with a fine ranging from EUR45 to EUR485 (minimum penalty), from EUR486 to EUR975 (intermediate penalty) or from EUR976 to EUR2,450 euros (maximum penalty);
- Serious infringements such as a breach of the obligation to integrate occupational risk prevention or a breach of requirements on training and providing information regarding the risks involved in the position, will be punished with a fine ranging from EUR2,451 to EUR9,830 (minimum penalty), from EUR9,831 to EUR24,585 (intermediate penalty) or from EUR24,586 to EUR49,180 euros (maximum penalty);
- Very serious breaches such as, for example, the failure to observe legislation on health and safety in the workplace of pregnant workers, will be punished with a fine ranging from EUR49,181 to EUR196,745 (minimum penalty) from EUR196,746 to EUR491,865 (intermediate penalty) and from EUR491,866 to EUR983,736 (maximum penalty).