The Official Journal of the State has published the Royal Decree-Law 29/2020, of 29 September, on urgent measures in the field of telework in the public administrations and of human resources in the National Health System to deal with the health crisis caused by COVID-19, in order to promote a new way of organizing work for the best service to general interests.
The Royal Decree-Law modifies the Royal Legislative Decree 5/2015, which approves the recast text of the Law on the Basic Status of the Public Employee, to introduce a new article 47a regulating the provision of remote service by telework.
The aim is to set up a basic regulatory framework so that all public administrations can develop their own regulatory instruments for teleworking in their areas of competence, also taking into account state competence in labour legislation.
This regulation is the result of the consensus and institutional dialogue carried out in recent months between the General Administration of the State, the autonomous communities, the Spanish Federation of Municipalities and Provinces and the trade union organizations.
The elements of this regulation are as follows:
- It must serve the general interests objectively.
- In any case, it shall be voluntary and reversible except in duly justified exceptional cases.
- Staff providing services through this modality shall have the same duties and rights as other personnel working in person.
- The competent administration should provide and maintain the technological means necessary for the activity.
- The performance of telework will be carried out in the terms of the rules of each public administration, being the subject of collective bargaining in each area.
- This mode of work is not considered ordinary or absolute, but in each area, each competent administration will determine the percentage of the benefit, in such a way that the presence and teleworking are combined in the regime that is established, and that direct face-to-face attention to citizenship is guaranteed in any case.
- Telework is not conceptualized as a subjective right, since, without prejudice to its voluntary nature, its use must be subject to the guarantee of the provision of public services, and in any case, compliance with the needs of the service must be ensured.
- The tasks assigned to the post must be capable of being carried out by teleworking
- The person must have the digital skills necessary for the provision of the service.
- The provision of the service must be expressly authorized, through objective criteria for access and compatible with the ordinary in-person modality.
- Telework may not entail a breach of the relevant time and schedule in each case, nor of the rules on the protection of personal data.