RDL 28/2020, on remote work, expressly establishes the need to pay the costs of remote work and to provide the necessary means to perform the work.
BY Lefebvre, 5:00 am – July 26, 2021
The National Court declares that there is no recognition of the right to compensation for generic expenses derived from remote work, but rather that collective agreements or agreements must establish the mechanism for their determination and compensation.
RDL 28/2020, on remote work, expressly establishes the need to pay the costs of remote work and to provide the necessary means to perform the work. However, the application of this rule to remote work implemented exceptionally following the sanitary confinement resulting from COVID-19 is excluded, which are subject to ordinary labor regulations. In any case, in these cases, companies are required to provide the means, equipment, tools and consumables required for the development of remote work as well as the necessary maintenance.
The National Court affirms that these rights of the worker can be asserted before the social court only in accordance with the provisions of the agreements of remote work and the modalities established if necessary, in the individual agreement, the agreement or the collective agreements of application. In any case, individual claims may be made to compensate for the expenses incurred, after having justified them. But what is wrong is the right to compensation for generic expenses.
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