Working from home with no written agreement: what protects you

Key rules

• Protection: The remote-work protections apply to you even if no compliant written agreement exists.
• Written agreement: You can ask your employer to put your remote work in writing, and claim before the labour court if they refuse.
• Costs: Your employer must supply and maintain your equipment, and you cannot be made to bear the costs of working remotely.
• Proof: Without paper, emails, login records, payslips and colleague statements can show your arrangement.

Your protections apply even without a written agreement

The law on remote work protects you whether or not you have a signed agreement. A missing document does not switch the protections off. Your employer was supposed to put the arrangement in writing, so the missing agreement is your employer's breach, not yours.

The law covers you if you work remotely at least 30% of your working time over a three-month reference period, on a regular basis. Occasional home working below that level is not covered.

What you can demand

• A written agreement. You can ask your employer to formalise your remote work in writing.
• Equipment and costs. Your employer must supply and maintain the equipment you need. You cannot be made to bear the costs of working remotely, so ask for them to be paid or compensated.

If your employer refuses to sign an agreement, you can bring a claim before the labour court (Juzgado de lo Social). The Labour Inspectorate can also sanction an employer who has no agreement in place.

How to prove you work remotely

With nothing written, evidence decides the case. Useful proof includes:

• Emails and messages where your employer tells you to work remotely or accepts it.
• VPN and login records showing you connect from home.
• Company equipment delivered to your home.
• Payslips or expense payments linked to remote work.
• Calendars, videoconference records and schedules of your remote days.
• Statements from colleagues who know your arrangement.

Remote work that has gone on consistently over time also counts as proof that the arrangement is regular. Start saving this material now, and keep copies somewhere your employer cannot switch off.

What to do

Start with a polite written request to formalise the arrangement, so you have a dated record. Keep working and keep collecting evidence while you wait. If your employer still refuses, go to the labour court. The decision, documents, checklist and FAQ below help you choose and prepare.

Choosing between options

What should you do when you work remotely with nothing in writing?

• Ask your employer to formalise it: Your remote work is regular and your employer is willing to talk. Ask for the written agreement first.

• Claim before the labour court: Your employer refuses or ignores your request. You can go to the labour court (Juzgado de lo Social) to demand the agreement be formalised.

• Keep working as you are and build your evidence: You are not ready to push yet. Your protections under the telework law still apply, so keep your proof of regular remote work.

If your remote work is regular and reaches the share of working time the law sets, the telework law protects you even without a written agreement. If it is only occasional, it does not.

Documents you need

• Emails and messages where your employer instructs or accepts remote work, kept as sent or received

• VPN and login logs showing you connect from home, which your employer's IT team holds

• Payslips or expense payments that show remote work costs paid to you, issued by your employer

• Work-from-home schedules and calendar or videoconference records showing your remote days

• Records of company equipment delivered to your home

• Statements from colleagues who know you work remotely

Check with a labour lawyer or union which proof your court or the Labour Inspectorate will accept in your case.

Checklist

• Save emails and messages where your employer instructs or accepts remote work

• Keep your VPN and login records, and any schedule of your remote days

• Note which company equipment was delivered to your home and any expense payments on your payslips

• Ask colleagues who know your arrangement whether they would give a statement

• Go to the labour court (Juzgado de lo Social) if your employer refuses to put the agreement in writing

Frequently asked questions

Can I ask my employer to put my remote work in writing?

Yes, you can ask your employer to formalise the remote work in a written agreement, because not having one is a breach by the employer. If the employer refuses, you can claim before the labour court (Juzgado de lo Social). The Labour Inspectorate can also sanction the missing agreement.

Does informal remote work count if it is occasional?

No, occasional remote work below the threshold is not covered by the telework law. The protections apply once your remote work is regular and reaches the share of working time the law sets. Keep a note of your remote days so you can show where you stand.

Does regular practice over time count as proof of remote work?

Yes, consistent remote work practice over time is accepted as proof of a regular remote arrangement. Emails, login records and colleagues' statements all help show the pattern.