Legal aspects of teleworking in 2025: costs, working hours and responsibilities
Teleworking in Spain is no longer an exceptional measure, but a fully established form of work organisation in many sectors: technology, consulting, professional services and even public administration.
Its expansion requires companies and workers to have a detailed understanding of the applicable regulations. Law 10/2021 on remote working, together with the Workers' Statute and the Law on
Occupational Risk Prevention, form a legal framework that regulates rights, duties and responsibilities.
Costs and compensation: who pays what?
One of the most frequent debates in teleworking is that of the expenses incurred from working from home.
- Article 7 of Law 10/2021 establishes that teleworking cannot entail a cost for the worker.
- The company is obliged to cover or compensate for the costs of equipment, internet connections, software, electricity and other supplies.
- The amount and method of payment may be set out in a collective agreement or in the teleworking agreement itself.
Our practical recommendation: always document these conditions in the teleworking contract or annex to avoid confusion or subsequent claims.
Working hours and time tracking: productivity yes, invasion no
Working remotely does not exempt employees from recording their working hours. Companies must implement reliable time tracking systems that respect privacy.
Likewise, the right to digital disconnection is crucial to avoid ‘permanent availability’.
Prevention of occupational hazards in teleworking
A common mistake is to think that Law 31/1995 on the Prevention of Occupational Hazards does not apply at home. Nothing could be further from the truth:
The company must carry out a risk assessment adapted to the remote position. Ergonomics, lighting, ventilation and safety in the workspace must be guaranteed, and the worker must provide the necessary information for this assessment.
Conclusion: the challenge of balancing flexibility and legal certainty
Teleworking offers companies and professionals greater flexibility and work-life balance, but it requires rigorous legal management to avoid conflicts: compensation for expenses, proportional time control, disconnection protocols and risk prevention at home.
Applicable regulatory framework
- Law 10/2021 on remote working.
- Workers' Statute (Royal Legislative Decree 2/2015).
- LOPDGDD 3/2018, art. 88: right to digital disconnection.
- Law 31/1995 on Occupational Risk Prevention.
| Ley 10 2021 de 9 Julio Telegrabajo | 753 KB |
