If you're hired as an employee (not self-employed) to work remotely from Spain, the law regulates specific points that should appear in your contract or in an attached telework agreement. Knowing them helps you review the fine print before signing.
Elements that Spanish regulations cover for telework
- Percentage of the workday spent remotely: Spain's telework regulations formally apply to people who work remotely for a significant proportion of their workday on a regular basis, not occasionally.
- Expense compensation: the company must compensate the expenses arising from teleworking (equipment, connection, utilities), as agreed in a collective agreement or individual agreement.
- Schedule and availability: the working hours and flexibility margins must be clear, respecting the right to digital disconnection outside those hours.
- Place of work: the agreement usually specifies the place or places from which you can telework.
- Reversibility: the possibility of returning to on-site work (or vice versa) and under what conditions.
Difference between a "telework agreement" and the base contract
In many cases telework is regulated through an annex or specific agreement, separate from the base employment contract, which can be modified more flexibly than the contract itself. Before signing, ask to read both documents, not just the main contract.
| Element | Where it usually appears | What to check |
|---|---|---|
| Percentage of the workday spent remotely | Base contract or telework annex | That the real percentage is in writing, not just "flexible work" |
| Expense compensation | Telework annex or collective agreement | The amount and method of payment, not just a generic mention |
| Schedule and digital disconnection | Base contract or annex | Flexibility margins and an explicit disconnection window |
| Place of work | Telework annex | Whether it limits you to a country or only a city/province |
| Reversibility | Telework annex | Notice period and conditions for returning to on-site work |
Frequently asked questions
Is every company required to compensate telework expenses in Spain?
Expense compensation is a general principle of telework regulations when telework reaches a certain proportion of the workday on a regular basis, but the specifics (amount, payment method) are set by collective agreement or individual agreement; it's worth reviewing case by case.
Can I refuse to sign a telework agreement I'm not happy with?
Telework, with exceptions, is voluntary and reversible: it shouldn't be imposed unilaterally. If something in the agreement doesn't convince you, it's reasonable to ask for clarification or negotiate before signing.
