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Measurement systems key to enforcing the new telework law: discover five ways they help

The recent entry into force in Spain of the Teleworking Law is a decisive step for the large-scale implementation of the flexible work models that the new Covid-19 and post-Covid-19 normalcy demands. However, from EffiWork, it is warned that the practical application of this standard will only be possible if companies make a technological adaptation effort that allows the effective deployment of the relocation of their employees.

According to Joan Pons, CEO of EffiWork, “the new law provides a framework for action and legal certainty for flexible labor figures, and it also does so, with particular emphasis on the need for telematics means that help their implementation. This is something unprecedented, because it is the first time that a legal text of work explicitly recommends the use of digital solutions to face the new challenges that the Covid-19 reality marks us “.

For Pons, the widespread practice of teleworking and other flexible working arrangements will only be possible if companies and workers have technological tools to enable them to monitor their operations. Instruments which, he explains, “in addition to allowing them to comply with the law, facilitate workflows and offer a clear picture of their performance. Because it is not possible to know if something is working if it cannot be measured ”.

How measurement systems support the new teleworking law

1. Performance and productivity measurement

What the law says: Article 22. Powers of control of companies. The company can adopt the measures that it deems most appropriate of surveillance and control to verify the respect by the worker of his obligations and work duties, including the use of telematic means, keeping in their adoption and their application due consideration to their dignity and taking into account, where appropriate, the real capacity of disabled workers.

How it is implemented: Performance measurement is the valuable contribution of telematics systems to flexible working arrangements. Conciliation measures, teleworking and flexible hours are only possible if there is a reliable and responsive system that offers rigorous measures of productivity, whether the worker is on a closed schedule or not. Monitoring these results is also a tool for improvement, both for the company and for the professionals themselves, providing them with valuable information for the self-assessment of their own performance.

2. Right to log out

What the law says: Article 18. Right to digital disconnection.

People who work remotely, in particular teleworking, have the right to digital disconnection outside of their working hours under the conditions established in article 88 of organic law 3/2018 of 5 December. The professional obligation to guarantee disconnection entails a limitation of the use of technological means of commercial and professional communication during rest periods, as well as compliance with the maximum duration of the working day and any limits and precautions in this area. hours of work. applicable legal or conventional regulations.

Method of implementation: Measurement systems play a fundamental role at this stage, as they allow companies and workers themselves to remember the limits of the times. They will do this through features that allow the activation of automatic digital disconnection systems, with options such as notifying the worker of the end of his working day, forcing the closure of his key applications or other calendar features. allowing managers to see in real time what the availability is. of its employees.

What the law says: Article 13. Right to flexible hours under the terms of the agreement. In accordance with the terms established in the remote work agreement and collective bargaining, respecting the mandatory availability times and the regulations on working and rest times, the person who performs remote work can relax the hours of service established services. .

How it is implemented: This is the big key to changing the paradigm of work. The objectification of work, through systems allowing productivity and performance to be measured regardless of the location from which the work is carried out and the schedule followed, is the only means that will allow companies to rely on systems flexible working practices and integrate them into their operations. .

4. Transparency and confidentiality

What the law says Article 17. Right to privacy and data protection. The use of telematic means and the control of the performance of work by automatic devices adequately guarantee the right to privacy and data protection, under the terms provided for by Organic Law 3/2018 of 5 December on protection of personal data and guarantee of digital rights, in accordance with the principles of adequacy, necessity and proportionality of the means used.

Companies must establish criteria for the use of digital devices, respecting in all cases the minimum standards for the protection of their privacy in accordance with the uses and social rights recognized by law and the constitution. The legal representation of workers must participate in its development.

Method of implementation: There are two ways that measurement systems can and should ensure the privacy of teleworkers. On the one hand, be limited to keeping track of the time of the applications used, but without having access to specific tasks or to the content of the activities carried out by the worker. On the other hand, all those non-professional and non-essential applications for their work should generally be counted as non-productive time, but without going into detail about what those applications are.

What the law says: Article 14. Right to adequate recording of time. The time recording system which is regulated in Article 34.9 of the Workers’ Statute, in accordance with the provisions of collective bargaining, must faithfully reflect the time that the worker who performs remote work spends on the work activity, without prejudice to time flexibility, and must include, among other things, the start and end time of the day.

How it is implemented: The new text reminds companies that they are required to keep a log of the working hours of people, in person and remotely. Advanced recording solutions allow you to perform this control from a cloud application, without having to manually point to a physical machine. As soon as the worker turns on his work device, the recording of the working day is carried out automatically.

In conclusion, Joan Pons believes that all these measures are important to comply with the law, “but they should also be extended to all working arrangements, including face-to-face work, because the implementation of a culture of measurement at all levels can only bring benefits to companies and employees.

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