SPAIN Law and Practice Contributed by: José Antonio Segovia, A&O Shearman
tion/role within the company) or disability. To this end, they must ensure equal treatment, provide necessary support and implement reasonable accommodations. Data Privacy Regarding data privacy: • the employer must inform the employees’ repre - sentatives of the remote work agreements, without disclosing personal data, and comply with the data protection legislation; • the remote work agreements must contain the employer’s instructions on data protection and information security, taking into account the employees’ representatives’ opinions; • remote employees have the right to privacy and data protection, which implies that the employer cannot oblige them to use their own devices or programs, or interfere with their personal use of the employer’s devices, in accordance with the law and social customs; and • employees also have the right to digital discon - nection outside their working hours, which the employer must respect and foster through an inter - nal policy and training, with the participation of the employees’ representatives. These rights may be further regulated by collective or company agreements. Occupational Health and Safety Regarding occupational health and safety: • the employer must ensure the health, safety and wellbeing of the remote employees, paying special attention to the following occupational hazards of the home-office: (a) mental health – due to isolation and stress; (b) ergonomic issues – the safety of home-office equipment, such as screens, keyboards and chairs; and (c) organisational risks; • the employer’s responsibility towards the remote employees is limited to the area of the employees’ residence designated as the home-office; and • the employer must carry out home-office risk assessments to help create a healthy and safe
home-office environment, but the employees’ con - sent is required. Social Security Regarding social security, the following should be borne in mind. • The same rules apply to all employees who are part of the Spanish social security system, regardless of their occupation, type and amount of income. The company’s reimbursement of expenses derived from the remote work provision (teleworking costs) are not included in the contribution base. • When the remote work provision involves an international element, the national Social Security Law that governs the employees’ affiliation and contribution depends on the location where the teleworking is deemed to take place. International Telework (“Digital Nomads”) Finally, Law 28/2022 marks a significant step towards adapting the legal framework to the changing realities of the global labour market. As a result, international teleworkers can benefit from various measures such as a new visa category that simplifies the legal require - ments and procedures. 5.2 Sabbaticals Employees can enjoy sabbatical leave ( excedencia voluntaria ) for a period of no more than five years and no less than four months, as long as: • they have at least one year of seniority in the com - pany; and • more than four years has elapsed since the end of the any previously taken period of sabbatical leave. Unless otherwise established by the applicable col - lective bargaining agreement, no particular reasons need to be provided in order to be granted this type of leave. The main characteristics of sabbatical leave can be summarised as follows: • it is unpaid leave;
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