Spain has given the khaki light to the Royal Decree Law on Teleworking that will regulate remote work. A need that was evidenced during the health, economic and social crisis of Covid-19. Teleworking has become a new work modality for many companies and organizations.
A Teleworking Law that will grant people who perform their
work functions remotely the same rights as those who develop their working
hours in person at the facilities of a company.
Rights, obligations and agreements by both parties that
contemplate different aspects, from what is considered distance work, work
limits, flexibility of schedules, costs and expenses, risk assessment or the
rights and duties of workers and companies.
We help you implement teleworking in your company or
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Since the beginning of the plague and the state of alarm,
many companies were forced to adapt their production modality to teleworking,
although they did not have the necessary tools or the means.
From Unitel, we want to highlight conditions reflected in
the Telework Law such as the guarantee of privacy, data protection, information
security and the digital disconnection of workers.
Essential and very important aspects for both parties, both
for companies and workers and that also requires correct compliance with the
RGPD and the LOPDGDD.
In addition, the text states that telework will be carried
out through the use of telematic means or computer systems , for which the
obligation is established for companies to provide the necessary means,
equipment and tools, as well as their maintenance or technical assistance that
hinder the employee.
Likewise, the right to time registration is contemplated ,
with the inclusion of the start and end of the working day. Workers may agree
to a flexible schedule, but there must always be a labor record of the
schedule.
Privacy, data protection and digital disconnection
The Teleworking Law gives companies the possibility of
carrying out surveillance and control to verify the fulfillment of the work .
For this, the use of telematic means and the control of the labor provision
through automatic devices are established.
Telematic means that must guarantee the right to privacy and
data protection. Therefore, the company may not require the installation of
applications or programs on equipment or devices owned by the worker.
Another very important aspect is the right to digital
disconnection of employees outside their working hours and hours. For this,
companies must agree and guarantee a limitation and control in the use of
technological means of the employee during breaks.
It seeks to create an internal corporate policy that fixes
not only the disconnection, but also an awareness in the use of media, devices
and technological tools so as not to reach the so-called “computer fatigue”.
Information Security and Computer Security
Together with all the aforementioned aspects, it is also
important to guarantee computer security and information security , both
personal data of employees and customers, as well as corporate data and
information.
In this way, companies must ensure and guarantee the
protection of all corporate data and information when the employee is
developing their working hours remotely or in any place other than the company
or the office.
It is essential to carry out adequate training and awareness
about good practices and computer and information security, avoiding errors,
holes or vulnerabilities that could harm.
The restriction of access to information and the corporate
network, configuration of equipment and devices , storage of information in
designated spaces, monitoring of access and activities and guarantee of
information protection should not be lacking.
At this point, we once again recall the importance of
developing or implementing protection policies and protocols regarding computer
security or online security , adopting all the necessary technical, training
and organizational measures.