When your employer can end or change remote work

Key rules

• Voluntary: Remote work is voluntary for both sides, so neither can impose it or its end alone.
• Dismissal: Refusing to work remotely is not valid grounds for dismissal.
• Challenge deadline: To challenge an unlawful change to your working conditions in court, you have 20 working days from notification of the decision.
• Notice: A substantial change to your conditions needs at least 15 days' notice.
• Conciliation: Conciliation or mediation is mandatory before court and pauses the deadline.

Can your employer simply order you back to the office?

Not on its own say-so. Remote work is voluntary for both sides and is set out in a written agreement. Going back to the office is also a matter of agreement, so your employer cannot impose it by itself. You cannot be dismissed for refusing to work remotely, and you cannot be forced to keep doing it either.

This covers remote work agreed in writing. Temporary Covid-era remote work is not covered by these agreement rules.

What makes a change lawful

A return to the office is on safe ground when it follows the route your own paperwork sets out:

• Your remote-work agreement must state how the arrangement can be reversed and what notice applies.
• Your collective agreement (convenio) may set its own return procedure and notice period.
• You and your employer agree to the return, or the agreed procedure is followed.

Read both documents first. They decide most cases.

When the order looks challengeable

Be wary if your employer orders the return with no agreement, ignores the notice period or procedure you agreed, or threatens dismissal because you will not give up remote work.

Employers sometimes treat the order as a substantial change to your working conditions. In that case you must receive at least 15 days' notice. Whether an employer can use this route against an agreed remote-work arrangement is disputed, and the terms of your agreement weigh heavily. Ask a labour lawyer or a union rep to look at your documents.

Your options

If you receive a substantial change, you can:

• Accept it. Make clear in writing that you do so under protest if you want to keep your options open.
• Challenge it in the labour court. You have 20 working days from notification of the decision. If the court finds the change unjustified, you go back to your previous conditions.
• End your contract with compensation. This is open to you if the change is substantial and harms you. The compensation is 20 days per year of service, capped at 9 months.

Before going to court, conciliation or mediation is mandatory. It pauses the deadline while it runs.

Keep these in mind

• Ask for any return order in writing and note the date you receive it. The 20 working days run from that date.
• A claim over an unlawful change is different from a claim for money you are owed, which has a longer time limit of one year.
• Act quickly. Missing the deadline can cost you the right to challenge.

The decision guide, timeline, checklist and questions below walk you through the steps.

Choosing between options

Your employer wants to end or change your remote work. What do you do?

• Agree to the return: The change is agreed by both sides and follows the notice and procedure in your agreement or collective agreement.

• Challenge it in the labour court: The change was imposed without your agreement. You have 20 working days from notification, after mandatory conciliation or mediation, and if the court finds it unjustified you go back to your previous conditions.

• Accept the change under protest: You do not want to fight it. You keep the option to accept it after the required notice.

Remote work is voluntary for both sides, so a change needs your agreement. If it was imposed, you can challenge it within 20 working days of notification.

Timeline and deadlines

• Read the reversibility conditions and notice period in your remote-work agreement and collective agreement: before you answer any return-to-office request

• Receive notice of a substantial change to your working conditions: at least 15 days before it takes effect

• Choose whether to accept the change, challenge it, or end your contract with compensation of 20 days per year of service, capped at 9 months: after the notice, if the change is substantial and harms you

• Go through mandatory conciliation or mediation: before going to the labour court; it suspends the deadline

Checklist

• Read the reversibility clause and notice period in your remote-work agreement.

• Ask your employer to put any return-to-office order in writing.

• Note the date you receive the decision, because the 20 working days start from notification.

• Check that the notice given was at least 15 days if the order is a substantial change to your conditions.

Check the notice period with your agreement, collective agreement or a labour adviser.

Frequently asked questions

Can I be dismissed for refusing to work remotely?

No, refusing to work remotely is not a valid ground for dismissal. It is also not a valid ground for a substantial change of your working conditions.

Can my employer cancel my remote work because of business reasons?

No, a business-reasons change of working conditions is not available for remote-work terms agreed in a remote-work agreement, because the switch is voluntary. Going back to the office needs agreement from both sides, following the notice and procedure in your agreement or collective agreement.

What happens if the court finds the change was unjustified?

If the court finds the change unjustified, you are restored to your previous working conditions. The court declares the change justified or unjustified after a special labour-court procedure.

Does the 20 working days deadline stop while I try conciliation?

Yes, the mandatory conciliation or mediation before going to court suspends the 20 working days deadline. Start it quickly so you do not lose time.