Remote Work Contract Spain (Contrato de Teletrabajo)

A Remote Work Contract Spain (Contrato de Teletrabajo or Acuerdo de Trabajo a Distancia) is a formal written agreement governed by Ley 10/2021, de 9 de julio, de Trabajo a Distancia — Spain's landmark remote work statute — under which an employer (empresario) and an employee (trabajador) agree that the employee will perform their work regularly and voluntarily from a location outside the employer's premises (typically from the employee's home) using information and communication technology (ICT). Article 6 of Ley 10/2021 establishes the mandatory content of the written remote work agreement (acuerdo de trabajo a distancia), which must be concluded prior to or simultaneously with the commencement of remote work and formalised in writing as a condition of validity.

Ley 10/2021 defines distance work (trabajo a distancia) as work performed under an employment contract, wholly or partly at the employee's domicile or at a place freely chosen by the employee other than the employer's premises. The law further distinguishes telework (teletrabajo) as distance work performed exclusively or predominantly using ICT. The statute applies when distance work represents at least 30% of the employee's working time calculated over a reference period of three months — purely occasional remote work below this threshold is not subject to the Ley 10/2021 mandatory framework, though general employment law continues to apply.

The voluntariness (voluntariedad) principle is central to Ley 10/2021 — Article 5 establishes that the agreement to work remotely must be freely entered into by both employer and employee and may not be imposed unilaterally by either party. Refusing to work remotely cannot justify dismissal or substantial modification of working conditions (modificación sustancial de condiciones de trabajo) under the Estatuto de los Trabajadores (RDL 2/2015). The same protection applies to employees who request remote work after a period of in-person employment — Article 5.3 Ley 10/2021 prohibits discrimination against workers who choose remote work or who choose in-person work.

Article 12 of Ley 10/2021 imposes on employers the obligation to provide and maintain all equipment (medios, equipos y herramientas) necessary for remote work — computers, monitors, keyboards, internet connectivity, software licences, and any other tools required for the employee to perform their duties. This provision fundamentally shifted the default rule from many employer practices of expecting employees to use their personal equipment (BYOD). Employers must also compensate employees for the costs arising from remote work — energy costs (electricidad), internet connectivity (conexión a internet), and other verifiable expenses — under Article 12.1 Ley 10/2021, with amounts determined by collective bargaining agreement or individual agreement.

The reversibility (reversibilidad) right under Article 5 Ley 10/2021 is a key feature — both the employer and the employee retain the right to revert to in-person work during the term of the employment contract, in accordance with the terms of the remote work agreement and applicable collective agreements. This mutual reversibility right must be reflected in the written agreement. The Juzgados de lo Social have jurisdiction over disputes arising from the application of Ley 10/2021, and the Inspección de Trabajo y Seguridad Social (ITSS) monitors compliance with the law's mandatory provisions.

Spain's remote work law also establishes specific rights for remote workers regarding occupational health and safety (under the applicable provisions of Ley 31/1995 LPRL), digital disconnection (desconexión digital) under Article 18 Ley 10/2021 and Article 88 Ley Orgánica 3/2018 (LOPDGDD), privacy rights regarding employer monitoring of remote workers under Article 17 Ley 10/2021, and prevention of occupational hazards in the home workspace under Article 16 Ley 10/2021.

A Remote Work Contract Spain is legally mandatory whenever an employee's distance work represents at least 30% of their working time over a three-month reference period — the written agreement is a condition of validity under Ley 10/2021 Article 6, not merely a best practice.

An Acuerdo de Trabajo a Distancia is required when an employer and employee agree to transition from in-person to hybrid or fully remote working arrangements — whether at the employee's request, the employer's initiative, or by mutual agreement. The agreement must be concluded before or simultaneously with the commencement of regular distance work.

The contract is needed when a company hires a new employee under a remote work arrangement from the outset — the Acuerdo de Trabajo a Distancia must be concluded simultaneously with or incorporated into the employment contract (contrato de trabajo), since Article 6 Ley 10/2021 requires it to be in writing before remote work commences regularly.

A remote work agreement is required when an employee returns to work after a period of leave — maternity leave (permiso de maternidad), paternity leave (permiso de paternidad), or medical leave (incapacidad temporal) — and requests to commence or maintain remote working arrangements. Article 34.8 of the Estatuto de los Trabajadores (as amended) gives workers with caring responsibilities (conciliación de la vida laboral y familiar) a preferential right to distance work where the nature of the work permits.

The agreement is necessary when an employer's applicable sector collective agreement (convenio colectivo) includes provisions regulating telework — many recently renegotiated Spanish convenios (in sectors including IT, financial services, consulting, and public administration) include specific telework chapters that establish minimum remote work entitlements, and the individual acuerdo de trabajo a distancia must be consistent with the applicable convenio.

An Acuerdo de Trabajo a Distancia is also required when an employee works remotely for extended periods from another EU member state or a third country — in such cases, the agreement must address which social security system applies under EU Regulation 883/2004 or bilateral social security agreements, and the applicable tax rules regarding income tax (IRPF) and potential permanent establishment risks for the employer must be assessed by a specialist asesor fiscal.

A valid Remote Work Contract Spain under Ley 10/2021 de Trabajo a Distancia Article 6 must contain the following mandatory elements — the article provides an exhaustive list of required content, all of which must be addressed in the written agreement for it to be valid and enforceable.

Inventory of Employer-Provided Equipment: A complete inventory (inventario) of all equipment, tools, and means provided by the employer for remote work — computers, peripherals, monitors, mobile devices, software licences, VPN access, and any other items. The agreement must specify the conditions of use, maintenance obligations (who bears repair costs), return obligations upon termination, and the procedure for reporting equipment failures or requests for replacements.

Expense Compensation (Compensación de Gastos): The mechanism for compensating the employee for expenses arising from remote work — specifically, energy costs (luz, calefacción) and internet connectivity costs (conexión a internet). The amount and calculation method must be agreed — either a fixed monthly allowance (complemento de teletrabajo) or a reimbursement of actual documented costs. Many Spanish sector convenios colectivos (e.g., convenio de consultorías, convenio bancario) establish specific monthly remote work allowances ranging from €25 to €75 per month.

Schedule and Availability (Horario y Disponibilidad): The employee's remote work schedule — whether fixed daily hours, flexible hours within a window, or outcome-based without fixed hours (teletrabajo asincrónico). The times during which the employer may contact the remote employee (franjas de disponibilidad) and the employee's right to digital disconnection (desconexión digital) under Article 18 Ley 10/2021 outside agreed hours. The mandatory daily working time register (registro de jornada) under Article 34.9 ET applies equally to remote workers.

Work Location (Lugar de Trabajo a Distancia): The specific location from which the employee will perform remote work — typically the employee's home address. Whether the employee may work from other locations (cafes, co-working spaces, abroad) must be addressed, including any restrictions for data security reasons. Any change of remote work location must be notified to the employer under most employer policies.

Reversibility (Reversibilidad): The conditions and notice period for reversion from remote work to in-person work by either party — both the employee and the employer retain this right under Article 5 Ley 10/2021. The agreed notice period (typically 15 to 30 days), the procedure for exercising reversibility, and the applicable collective agreement provisions on reversibility must be stated.

Occupational Health and Safety: The employee's obligation to maintain a suitable, safe, and ergonomic home workspace under Article 16 Ley 10/2021 and Ley 31/1995 LPRL. The employer's right to conduct risk assessments of the remote work location with the employee's consent, in compliance with GDPR and Ley Orgánica 3/2018 (LOPDGDD). Any ergonomic equipment provided by the employer (adjustable chair, monitor stand) should be itemised in the equipment inventory.

Data Protection and Privacy (Protección de Datos): The employer's data protection policy for remote work — use of employer-provided equipment only for work purposes, prohibition on storing company data on personal devices, VPN usage obligations, and the employee's rights under GDPR Regulation (EU) 2016/679 and Ley Orgánica 3/2018 LOPDGDD regarding employer monitoring of remote work activity. Article 17 Ley 10/2021 limits the employer's right to monitor remote workers' activity to what is proportionate and necessary.

Forms-legal.com provides this Remote Work Contract Spain template as a practical tool. All remote work agreements must be registered with the SEPE within 10 days of execution under Article 6.4 Ley 10/2021, in the same manner as new employment contracts. The Inspección de Trabajo y Seguridad Social (ITSS) sanctions employers for failing to conclude written remote work agreements — penalties range from €60 to €6,250 under the Ley de Infracciones y Sanciones en el Orden Social (LISOS).

Under Ley 10/2021 de Trabajo a Distancia, Spanish employers must provide all equipment for remote work. The Estatuto de los Trabajadores (RDL 2/2015) governs the underlying employment relationship. The Inspección de Trabajo y Seguridad Social (ITSS) enforces compliance. The Agencia Española de Protección de Datos (AEPD) oversees data privacy. The Juzgados de lo Social resolve remote work disputes.

Under the Estatuto de los Trabajadores (ET) RDL 2/2015, Spanish employment law governs contracts, dismissals, and working conditions. The Tesorería General de la Seguridad Social (TGSS) administers social security contributions. The Servicio Público de Empleo Estatal (SEPE) manages unemployment benefits. The Inspección de Trabajo y Seguridad Social enforces labour compliance. The Juzgados de lo Social hear employment disputes under the Ley Reguladora de la Jurisdicción Social (Ley 36/2011).