Remote work at law firms: the remote work agreement required by Law 10/2021

When a firm lets lawyers or support staff work remotely on a regular basis, a verbal agreement is not enough: Law 10/2021 of 9 July on remote work, published in BOE no. 164 of 10 July 2021, sets specific requirements. According to the BOE, the consolidated text has no later amendments.

This guide summarises what the law requires of a firm that employs people under an employment contract.

When it applies

Under Article 1, the law applies to regular remote work: that provided over a reference period of three months for a minimum of thirty percent of working time.

Article 2 defines remote work as that provided outside the workplace, at the worker's home or at a place of their choice.

For a firm, the calculation matters: two days of remote work a week exceed that threshold.

Voluntary and reversible

Article 5 establishes two principles:

• Voluntariness: remote work is voluntary for the worker and for the company.
• Reversibility: the decision to work remotely is reversible, for both parties.

The written agreement

Article 6 requires the remote work agreement to be formalised in writing and before remote work begins. The company must give a copy to the workers' legal representatives.

The minimum content

Article 7 sets the mandatory minimum content of the agreement, without prejudice to what collective agreements provide:

1. Inventory of the means, equipment and tools needed.
2. List of the expenses the worker may incur by working remotely.
3. Working hours.
4. Percentage and distribution between on-site and remote work.
5. Company workplace to which the person is assigned.
6. Remote workplace chosen by the worker.
7. Notice periods for reversibility.
8. Means of employer control of the activity.
9. Procedure for technical difficulties.
10. Duration of the agreement.

The agreement must also include instructions on data protection and information security.

Equipment and expenses

• Equipment (Article 11): the company must provide and properly maintain all necessary means, in line with the inventory in the agreement.
• Expenses (Article 12): remote work cannot mean the worker bears expenses related to work equipment and tools.

Digital disconnection

Article 18 recognises for those who work remotely, especially teleworkers, the right to digital disconnection outside their working hours. For a firm, where deadline pressure invites answering emails at any hour, this is perhaps the most demanding obligation in practice.

Points of special attention at a firm

Confidentiality. The agreement's instructions on data protection and information security are also the way to protect professional secrecy outside the office. They fit with the general data protection obligations we review in the guide to data protection for the self-employed lawyer.

Risk prevention. Remote work must also be taken into account in the risk assessment, as we explain in the guide to occupational risk prevention at law firms.

Employed lawyers. Lawyers with an employment relationship at firms have a special regime, which we explain in the guide to the special employment relationship of lawyers. It is wise to review how it coordinates with Law 10/2021 in each case.

Checklist

1. Calculate which people exceed thirty percent of working time remotely over three months.
2. Sign the agreement before starting and give a copy to the legal representatives, if any.
3. Complete the ten points of the minimum content.
4. Inventory and provide the equipment and define expense compensation.
5. Approve a disconnection policy and respect it.

More analysis in Big law firms and lateral moves.