The recently approved Law 10/2021 on distance work has come into force this Monday and has tightened the different sanctions that could affect the self – employed of the last Royal Decree-Law of urgent measures presented at the dawn of the first wave of coronavirus .
Specifically, the self-employed face penalties of a maximum degree of 7,500 euros in case they do not provide adequate material to their remote workers, 1,300 euros more than previously enacted.
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The labor lawyer David Navarro, told 20minutes , believes that this is a “law of minimum” and that “from these lows, they will regulate things , ” considering that it is far from being fully effective.
The lawyer explains that with the publication of this update of the past Royal Decree-Law “the infractions previously imposed for the self-employed have increased, taking advantage of the fact that this law had to be developed .”
Navarro indicates that the new teleworking law has not made a big difference, since ” the measures are the same as those that have been discussed so far, increasing the sanctions.”
On the other hand, he has not shown optimism about the possibility of this new law being consolidated and effective, and recalls that “we are seeing that many companies are calling their workers to return to their workplaces .”
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The laborista, however, does not attribute this prognosis to the lack of adaptation of the workers, but to the capacity of the companies to be able to maintain remote work.
“Do not think that everyone really returns because they do not like remote work, it is because we are not prepared at a technical and technological level to telework, ” he declares.
Navarro points out that on the part of companies “it is very difficult to keep track of their employees” , both their arrival, departure and rest times as well as their work. It also considers it “very difficult” to assess and regulate the costs of electricity, telephone, internet and heating that the company or the self-employed would have to pay to its workers.
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On the other hand, he clarifies that depending on the type of work in question, it is easier or not to carry out the remote work correctly, since “due to the nature of the trade it is simpler or not . ” It is also considered that there are new trades related to technological innovation that are prepared by their very nature for teleworking, harboring more doubts regarding traditional or essentially face-to-face jobs.
Navarro also believes that in the short term future “there will be teleworkers in very simple trades” being less optimistic in other jobs that involve more complex functions .
Fines will not be applicable until October 1
Despite the fact that this new law was approved by the Government this Saturday and came into force on Monday, the new fines regarding incidents of remote work do not take effect until October 1 .
The reason is the V acatio legis , which is used mainly by the Government to provide a period of time to companies and so that they can adapt to certain standards, functioning as a period “to be refined and updated.”
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The new norm also contemplates other harsher sanctions with fines set at a maximum of 225,018 euros for those companies that engage in “discrimination, direct or indirect , particularly on the grounds of sex, age, seniority or professional group or disability, of workers who provide remote services “, as indicated in the Official State Gazette ( BOE ):
One of the novelties that this standard introduces is that, in the case of having workers with disabilities in the company, ” the risk assessment and the planning of the preventive activity of remote work must take into account the risks characteristic of this type of work , paying special attention to the psychosocial, ergonomic and organizational factors and the accessibility of the effective work environment “, as indicated in Article 16.
Therefore, serious offenses will be sanctioned between a range of 3,750 and 12,000 euros, and very serious offenses could range from 12,001 to the aforementioned 225,018 in the event that the offense involves discrimination against the employee.
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