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A Guide to Remote Work and WFH Laws in Spain

Traditional work practices are changing quickly, in part due to the pandemic which required many employees to work from home (WFH).  While some countries had temporary or piecemeal rule changes to accommodate the change, Spain implemented new long-term legislation last year for WFH practices.  This guide will give you the basics of the new law, so you will know how to accommodate your Spanish WFH employees.

Who is considered a remote worker in Spain?

Under the new legislation, any employee that works from home more than 30% of the time (approx. 1.5 days per week) within a three-month period, is considered a remote worker.  WFH will now be considered to be equivalent to regular employment in Spain, as some workers may opt to WFH full-time.

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Is a WFH agreement required in Spain?

One of the provisions of the new law is that a WFH agreement must be drawn up by the employee and submitted to the employment office within 10 days.  The agreement at a minimum must contain:

  • Inventory of needed equipment
  • Expenses to be incurred and method of reimbursement
  • Work schedule and how hours are divided between WFH and office
  • Location of WFH
  • Methods of employer monitoring
  • Length of agreement and notice for reversing it

Are employers required to reimburse WFH expenses in Spain?

The law also requires that employers reimburse employees for WFH expenses which include all “resources, equipment and tools”.  It also covers the operating cost of running equipment for WFH.

Client Case:  How much is the WFH allowance in Spain?

Our client with WFH employees in Spain wanted to know the specific requirement for the WFH allowance for expenses.  We let them know that there is no minimum, and the amounts would be based on the WFH agreement between the employer and employee.

We then reached out to our other clients with Spanish employees to learn how much their allowance was so we could track it for inclusion in monthly payroll.

Do you need more information about Spain?

If you are new to hiring in Spain, you might have other questions such as:

Are reimbursed WFH expenses non-taxable in Spain?

How does an employee document WFH expenses to exclude personal use?

Do WFH rules account for allowable transportation expenses between a home office and business office?

These types of issues arise for our clients frequently, and we advise them on how to remain in compliance with changing labor regulations abroad.  We make international employment simple.

 

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Looking to hire an employee in Spain? Get in touch.

 

The information in this article is subject to changes in local legislation.

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