Your rights as a remote or hybrid employee in Spain

Key rules

• 30% threshold: Remote work is covered by the law only if you work remotely at least 30% of your time over three months, on a regular basis.
• Voluntary: Neither you nor your employer can be forced into remote work, and refusing it is not a reason to dismiss you.
• Equal rights: You keep the same pay, bonuses, hours, training and promotion chances as comparable on-site colleagues.
• Foreign employer: If you habitually work from Spain for an employer abroad, Spain's mandatory protections probably still apply to you.

When does the remote work law apply to you?

Spain's remote work law applies when at least 30% of your working time is done remotely over a three-month reference period, on a regular basis. If your contract is shorter, the share is counted proportionally. The work must be done from your home or another place you choose, not from the employer's premises.

Occasional work from home below that level does not count. Use the timeline below to work out your share.

What rights does it give you?

• Equal treatment. You have the same rights as comparable on-site colleagues. Your pay, including variable pay and bonuses, your hours, your job stability, your training and your promotion chances must not suffer because you work remotely.
• No gaps in other areas. Your employer must remove any difference in treatment, including on work-life balance, equality plans and protection against harassment. The employer must take the特点 of remote work into account when applying these measures.
• Training. You get the same training as on-site staff, with enough training in the digital tools you use.
• Promotion. You must be told about promotion openings, including on-site ones.
• Collective rights. You can vote and stand in workers' representative elections. Your company must give you a way to contact your representatives and take part in union activity, for example a digital notice board.

Is remote work your choice?

Yes. Remote work is voluntary for both you and your employer, and it needs a written agreement. The timing of that signature is in the timeline below.

Your employer cannot dismiss you, or substantially change your working conditions, because you refused to work remotely. The same applies if you ask to go back to on-site work, or if you struggle to adapt. Switching between on-site and remote work must be agreed, and a collective agreement may set how.

What if your employer is abroad?

You are probably still protected if you habitually work from Spain. A foreign employer can choose another country's law for your contract, but that choice cannot remove the mandatory protections of the country where you normally work. Those Spanish rules may include the remote work law. You can also usually bring a claim in Spain.

The result depends on your facts: what law your contract names, where your employer is based and whether you are posted from abroad. Take your contract to a Spanish employment lawyer or a union adviser before relying on it.

Tax and social security follow separate rules. This page does not settle them.

What to do next

Go through the decision below to see whether the law covers you. Then use the checklist to compare your treatment with that of on-site colleagues. If you find a difference, ask your employer in writing to remove it.

Choosing between options

Does the Spanish remote work law cover your situation?

• Not under this law: You work remotely only occasionally, below that 30% share, so the remote work rights do not apply.

• Probably yes, if your employer is abroad: You habitually work from Spain for a foreign employer: Spain's mandatory worker protections usually apply, and they may include this law.

Count your remote share over three months first. If it reaches 30%, the law applies to a Spanish contract; if your employer is abroad, it applies where you habitually work from Spain.

Timeline and deadlines

• Compare your remote share with 30% of your working time (proportionally if your contract is shorter): at the end of each three-month period

• Sign the written remote work agreement: before remote work begins

Checklist

• Confirm that you agreed to work remotely in a written agreement, and that nobody pressured you into it.

• Compare your pay, bonuses, hours and working conditions with those of comparable on-site colleagues.

• Ask your employer to remove any difference in treatment you find, including on work-life balance and harassment protection.

• Check that you have a way to contact your workers' representatives and take part in union activity.

Frequently asked questions

Does Spanish remote work law protect me if my employer is abroad?

Yes, usually, if you habitually work from Spain, because Spain's mandatory worker protections still apply even when your contract chooses another country's law. That may include the remote work law. Spanish courts can often hear your case, and tax and social security follow separate rules.

Can my employer force me to work remotely?

No, remote work is voluntary for both you and your employer and needs a written agreement. Refusing to work remotely cannot justify dismissal or a substantial change to your working conditions.

Do I get the same training and promotion chances as office staff?

Yes, you have the same right to training and promotion as on-site colleagues, and your employer must train you enough in the digital tools you use.

Can I vote or stand in workers' representative elections when I work remotely?

Yes, you hold the same collective rights as on-site staff, so you can vote and stand in these elections. Your company must give you the means to reach representatives and take part in union activity, for example a digital notice board.