Teleworking for a Spanish employer

It is for anyone considering, planning or carrying out a move to Spain who will work for a Spanish employer. You will come away knowing what your employer must do and where you can push back.

Start with "Your rights as a remote or hybrid employee in Spain". It explains what counts as teleworking under Spanish law and which rights apply to you. From there, move on to the articles on the written agreement and expenses, then the ones on ending remote work, health and safety, disconnection and monitoring.

Key rules

• Written agreement: Remote work is voluntary for both sides and the written agreement must be signed before remote work begins.
• Telework threshold: Work counts as remote work under the law when at least 30% of your working time is done remotely over a three-month reference period, on a regular basis.
• Copy to representatives: Your employer must give your workers' representatives a copy of the basic agreement elements within 10 days of signing, and send the agreement to the employment office.
• Challenge deadline: To challenge an unlawful change to your working conditions in court, you have 20 working days from notification of the decision.
• Time records: Your employer must keep a daily record of your working time, including when remote, and keep it for four years.
• Remote-work costs: Your employer must supply and maintain the equipment you need and you cannot be made to bear the costs of working remotely.

Teleworking for a Spanish employer: the whole process, step by step

From first check to challenging a change

• Check that your arrangement counts as remote work (read: Your rights as a remote or hybrid employee in Spain): Before you start: at least 30% of your working time done remotely over a three-month reference period, on a regular basis

• Agree remote work with your employer; it is voluntary for both sides (read: What your teleworking agreement (acuerdo de trabajo a distancia) must say): Before remote work begins

• Your employer gives your workers' representatives a copy of the basic elements and sends the agreement to the employment office; you also get a copy: Within 10 days of signing

• If you already work remotely with nothing in writing, see what protects you (read: Working from home with no written agreement: what protects you): As soon as you notice there is no agreement

• Ask your employer in writing for equipment or compensation for costs (read: Teleworking expenses your Spanish employer must cover): While you work remotely, as costs arise

• Change the agreement only in writing, agreed by both sides: Before the change is applied; the employer copies representatives within 10 days and notifies the employment office

• If an expense claim is refused, go to your works council or union, then file a conciliation request, then the labour court: Money claims generally within one year; filing conciliation suspends the deadline

• If you are told to return to the office, check the notice period in your agreement or collective agreement (read: When your employer can end or change remote work): When the return is proposed or ordered

• Challenge an unlawful change to your working conditions in the labour court: Within 20 working days from notification of the decision; conciliation comes first and suspends the deadline

• Complain about excessive monitoring to the data protection agency, the labour inspectorate or the labour court (read: How much can your employer monitor you while you work from home?): Whenever it happens; deadlines depend on the type of claim

Documents you may need

Income and work

• The agreement as sent by your employer to the employment office — What your teleworking agreement (acuerdo de trabajo a distancia) must say
• The inventory of equipment your employer supplied — Teleworking expenses your Spanish employer must cover
• Your written requests to your employer for reimbursement — Teleworking expenses your Spanish employer must cover
• Emails and messages where your employer instructs or accepts remote work — Working from home with no written agreement: what protects you

The home and the lease

• Your home internet and electricity contracts and bills — Teleworking expenses your Spanish employer must cover

Payments and receipts

• Invoices and receipts for electricity — Teleworking expenses your Spanish employer must cover

Other documents

• Your own copy of the signed agreement — What your teleworking agreement (acuerdo de trabajo a distancia) must say
• Your signed written remote-work agreement — Teleworking expenses your Spanish employer must cover
• VPN and login logs showing you connect from home — Working from home with no written agreement: what protects you
• Work-from-home schedules and calendar or videoconference records showing — Working from home with no written agreement: what protects you

Each article lists the other documents it asks for, where you need them.

Teleworking for a Spanish employer: questions that cross several articles

Does Spanish teleworking law apply if my employer is based abroad?

Often yes, if you habitually work from Spain, because your contract's chosen law cannot remove Spain's mandatory protections. Spanish courts can also have jurisdiction. See Your rights as a remote or hybrid employee in Spain.

Can my employer force me to work remotely or to come back to the office?

No, remote work is voluntary for both sides, and refusing it or using your right to return cannot justify dismissal. Moving either way must be agreed, and the agreement sets the notice period. Read What your teleworking agreement (acuerdo de trabajo a distancia) must say and When your employer can end or change remote work.

What if I already work from home and never signed an agreement?

Your arrangement still falls under the law if it meets the threshold, and the deadline to formalise existing arrangements has passed. Ask your employer to sign one now, since it must be in writing before remote work begins. Read Working from home with no written agreement: what protects you.

Who pays for my desk, internet and electricity when I telework?

Your employer must supply and maintain the equipment you need, and you cannot be made to bear the costs of working remotely. How the costs are compensated should be written in your agreement. Read Teleworking expenses your Spanish employer must cover and What your teleworking agreement (acuerdo de trabajo a distancia) must say.