Your right to disconnect and working-time records when remote

Key rules

• Right to disconnect: Outside working hours you do not have to answer work calls, messages or emails.
• Company policy: Your employer must have an internal disconnection policy, drawn up after consulting workers' representatives.
• Working-time record: Your employer must keep a daily record of your working time, including when remote, and keep it for four years.
• Schedule: Your employer cannot unilaterally impose a different schedule than the one in your remote-work agreement.

You can switch off after work

Working remotely does not make you available all day. Outside your working hours you do not have to answer calls, messages, emails or other work communications. This is the right to digital disconnection. It protects your rest time, leave, holidays, privacy and family life.

The right applies to all employees in Spain, remote or in the office. Public employees have a similar right under their own rules.

Your employer also has duties. They must limit the use of technology for work communications. They must respect the maximum working hours and rest periods set by law and by your collective agreement.

Your company must have a disconnection policy

Every employer in Spain, whatever its size, must draw up an internal policy on how the right is used. It must first consult the workers' representatives. It covers all staff, managers included.

The policy must include training and awareness on reasonable use of technology and on the risk of work fatigue. For remote work it must pay particular attention to teleworking situations. Your collective agreement may add rules too.

Typical contents:

• No expectation of replies outside working hours.
• Rules on when to send emails or messages.
• Exceptions for justified urgency.
• No sanction for not responding.

If you have not seen the policy, ask HR or your workers' representatives for it.

Your working time is recorded when remote

Your employer must keep a daily record of your working time, showing when your day starts and ends. This applies when you work from home. The record must show the time you actually worked.

The means of recording is set by your collective agreement. If there is none, the company decides after consulting workers' representatives. You, your representatives and the labour inspectorate can all see the record. Some special regimes, such as senior management, are excluded.

A reform to require a digital, objective and reliable record has been planned. Ask your employer or the Ministry of Labour whether it applies to you now.

Can you choose your own hours?

Partly. If you work remotely on a regular basis, you may adjust your schedule flexibly. This depends on your remote-work agreement and collective agreement. You must still be available during the mandatory hours set in that agreement. Your employer cannot impose a different schedule on their own. Overall working-time, break and rest limits still apply.

Regular remote work means more than 30% of your working time over a three-month period.

The questions below cover sanctions, the written policy and who sees your record.

Frequently asked questions

Can my employer sanction me for not answering messages after work hours?

No, you should not be sanctioned for ignoring work calls, emails or messages outside your working hours. A company disconnection policy normally says there is no expectation of replies after hours and no penalty for not responding. The usual exception is a justified urgency, which the policy should define.

Does my company have to have a written disconnection policy?

Yes, every employer in Spain must draw up an internal disconnection policy, whatever its size. It must be prepared after consulting workers' representatives and cover managers too. It must also include training on reasonable use of technology and the risk of work fatigue, so ask HR or your representatives for a copy.

Can I choose my own hours when I work remotely?

Yes, you can adjust your schedule flexibly, but only within what your remote-work agreement and collective agreement allow.

Who can see my working-time record when I work from home?

Your record must be available to you, your workers' representatives and the labour inspectorate. It must show the time you actually worked. The way it is recorded is set by collective agreement or, failing that, by the company after consulting your representatives.