The National Court Rules that Companies Must Pay the Costs of Teleworking and Digital Disconnection.

While teleworking has been the dream of many workers over the years, now that its use has become much more intensive, it has not ceased to generate conflicts between companies and workers.

Therefore, the National Court has come to bring order in the midst of all that chaos and has recently determined that:

1.- The company's failure to compensate the expenses incurred by the worker while working from home, authorizes the work to terminate the employment contract with the right to receive the same compensation as if it were a wrongful dismissal.

In view of this, it is more advisable than ever to review the protocols for the formalization of individual agreements with workers who are teleworking.

2.- Likewise, the National Court has also ruled that it is abusive to include an agreement with the workers by virtue of which they have to be at the disposal of the company in a generic way, outside their working hours, under the excuse of "urgent circumstances", without determining what these are exactly.

Therefore, it is recommended to review these clauses in order to adjust them to the new doctrine, in case they are signed with all or part of the company's personnel.

Remember that if you need it, we can advise you to make this process as fast and effective as possible. Just contact us, (diterno@proemabogados.com), and we will get to work.

David Tierno García

Attorney at Law