The consultant syncroGO I has celebrated a new day of his talks, SynchroGO Smart Talks, in which he discussed how teleworking is being "played" in the Social Courts, around different poles. Despite the short journey of Law 10/2021, the conflict in the Social courts is still very high.
Estela Martn, a SincroGO lawyer, has stated that "we already have a wide range of social court cases related to teleworking, from the formalization of remote work agreements and which provisions must be declared null," to issues such as confidentiality and security or incidents computing, and whether or not they are working time, to dismissals (for disconnecting from teleworking, for abuse of teleworking, for disobedience...)."
Estela has recalled the two relevant National Court judgments (SAN 10.11.22 and 22.03.22) concerning remote work agreements (ATD).
- Compensation and amount of expenses. The clause by which the company provides that teleworking expenses will not be paid is null and void.
- Even if the agreement does not provide anything, you have to compensate the expenses (pay an amount). Law 10/2021 is very clear in this regard.
- Mail and/or personal phone. The clause that obliges a worker to provide his personal email / mobile phone for teleworking is null and void.
- Digital disconnection. There is no generic exception, without detailing exceptional circumstances where the right to disconnection does not operate. In this sense (and regardless of the sentence), it must be remembered that all companies are obliged to prepare a digital disconnection protocol / plan.
- Reversibility exercise. The exercise of reversibility operates in favor of the company and the worker. Therefore, there is no room for a clause where only the company can exercise reversibility.
Yes, the clause by which a company reserves its right to deduct from the settlement the amount of the benefits provided to the worker to telework has been declared legal.
Carlos Serradilla Enciso, Mutua Universal's territorial legal director, spoke on the following issues.
SincroGO's tax advisor, Javier Martnez, has summarized the most significant issues that both corporations and employees must address in the financial and tax arena.
