Remote work law in Spain: what it says and what it requires you to do

Remote work has stopped being an exception and become part of the everyday routine of thousands of Spanish SMEs. And wherever a practice becomes widespread, there is a rule to regulate it. If someone at your company works from home on a regular basis, you would do well to know exactly what the remote work law in Spain says, because failing to comply with it can prove costly. In this guide we explain, in plain language, what counts as remote work in legal terms, when the law applies, which agreement you are obliged to sign, and what penalties exist.

What is the legal definition of remote work?

The regulation of remote work first appeared with the Real Decreto-ley 28/2020 (Royal Decree-Law), approved during the pandemic, and was consolidated in the Ley 10/2021, de 9 de julio, de trabajo a distancia (the Remote Work Act), which remains in force in 2026. It is the reference framework and the one you need to keep in mind.

The law distinguishes between two concepts that are often confused:

• Trabajo a distancia (remote work): any working activity carried out, on a regular basis, at the employee’s home or at a location of their choosing, during all or part of their working day.
• Teletrabajo (telework): a form of remote work performed through the exclusive or predominant use of IT, digital and telecommunications systems and tools.

The key lies in the word regular. The law only applies when remote work is performed, over a reference period of three months, for a minimum of 30% of the working day (or the equivalent proportional percentage if the contract is for a shorter duration). Below that threshold, we are talking about occasional remote work, which is not subject to these obligations.

In practice, this means that an employee who works remotely a day and a half a week or more already falls within the scope of the law.

Things to bear in mind about the remote work law

Once you are clear that the rule applies to your case, there are five points you need to keep on top of.

Is it mandatory?

Remote work is voluntary for both parties. The company cannot impose it, and the employee cannot demand it as a right. It is arranged by mutual agreement and, moreover, it is reversible: either party can request a return to on-site working under the conditions agreed upon.

The fact that it is voluntary does not mean a verbal agreement will suffice. The decision must be put in writing before it begins.

The remote work agreement

This is the central document of the entire rule. The remote work agreement must be signed in writing and must set out, as a minimum, the content required by Article 7 of the law:

• An inventory of the resources, equipment and tools provided by the company (computer, phone, chair, etc.).
• A list of the expenses the employee may incur, along with how they are to be quantified and reimbursed.
• Working hours and availability rules.
• The percentage and distribution between on-site and remote work.
• The employee’s assigned workplace.
• The location chosen for remote work (usually the home).
• The duration of the agreement and the notice period for exercising reversibility.
• The company’s means of monitoring the activity.

In addition, a copy of the agreement must be given to the employees’ legal representatives and registered with the employment office (SEPE).

Reimbursement of expenses

The company is obliged to pay or reimburse the expenses that remote work generates for the employee (electricity, internet connection, wear and tear on their own equipment, furniture, etc.). The law does not set a specific amount: this is determined by the convenio colectivo (collective bargaining agreement) or, failing that, by the agreement between company and employee. What matters is that it is set out in writing and reflected on the payslip, rather than in separate payments with no audit trail.

Penalties

This is where many SMEs get a nasty surprise. Failing to put the agreement in writing, failing to hand it over, or failing to comply with its minimum content is considered a serious infringement in employment matters. The penalty regime of the LISOS establishes, following the update to the amounts, fines ranging from €751 to €7,500 for a serious infringement, which can escalate to as much as €225,018 for very serious infringements (for example, if there is discrimination against the remote employee).

Put another way: having several employees working remotely without a signed agreement is a real risk in the event of an inspection.

Employee rights

The law devotes an entire chapter to guaranteeing that whoever works remotely has exactly the same rights as someone who goes into the office. Among them:

• Time tracking: the obligation to record working hours under the RDL 8/2019 applies to remote work in exactly the same way. It must be a reliable, auditable system, not an email saying “starting” and “finishing”.
• The right to digital disconnection: the employee is not obliged to answer messages or emails outside their working hours.
• Equal treatment: the same salary, training, promotion and access to union representation as on-site staff.
• Privacy and data protection: monitoring measures must be proportionate and known to the employee.

Company monitoring of remote work

The law grants the company the right to adopt surveillance and monitoring measures to verify compliance with work obligations, provided they are proportionate and respect the employee’s dignity and privacy. In practice, this translates into tools such as time tracking software to record remote working hours, or a remote work module to centralise agreements, on-site attendance and expense reimbursement. What the law does not allow is covert monitoring: installing spyware or screen recorders without prior notice breaches the RGPD.

In summary

The remote work law in Spain is not complicated to comply with, but it requires doing things in writing and with a clear audit trail. If you have employees who work from home for more than 30% of their working day, you need a signed agreement, you must reimburse expenses, record working hours and respect digital disconnection. Automating that administrative side with specialised software saves you time and, above all, keeps you safe from penalties. If you would like to see how it works with your own team, you can try LapsoWork free for 30 days and review your situation with no strings attached.