Five years after the regulation of teleworking, experts are calling for a clearer regulatory framework
The Law 10/2021 on remote work, which emerged in the midst of the pandemic as a response to a practice that became widespread abruptly, is now five years old. Since then, teleworking has settled within the Spanish business fabric, despite having its ups and downs, with a hybrid model being the most common option.
At its worst moment, during the health crisis, 16.2% of workers managed to telework more than half the days, compared to 4.8% in 2019. Today, the percentages stabilize around 7.5% of intensive teleworking and 7.1% occasional, figures that keep Spain below the European average (24.1%) and far from countries like the Netherlands, where it exceeds 50%.
Raúl Rojas, partner at Laboral in ECIJA, recalls that the regulation “sought to provide legal security to a practice that evolved from an emergency solution to a structural approach.” However, he warns that the ambiguity of some provisions has generated judicial conflicts and some restraint in its growth. According to KPMG's CEO Outlook 2023 report, many executives foresee even a majority return to in-person work, financially incentivizing this option.
For Raúl, the hybrid and flexible model, with a greater emphasis on in-person work, has established itself as the preferred formula for companies and workers. “It combines flexibility with physical presence and has become a key element for attracting and retaining talent,” he states.
Among the positive advances of teleworking, the improvement in the reconciliation of personal and professional life, as well as the acceleration of the digitalisation of processes, stand out. However, he also warns of the risks: inequalities in access based on sector or profile, isolation, hyperconnectivity, and lack of digital disconnection. In fact, the labor regulation (art. 20 bis ET) and data protection (art. 88 LOPDGDD) require companies to establish internal protocols that guarantee this right.
On the legal front, Rojas highlights the importance of recent case law. The Supreme Court ruling of March 4, 2025 (Rec. 56/2023) annulled clauses from a remote work agreement that allowed for unilateral modification of in-person work or the elimination of expense compensation, thus reinforcing the limits of the regulation.
“In summary, teleworking remains a valuable tool for companies, but its consolidation demands a clearer regulatory framework, legal security, and an organizational culture based on trust,” Rojas concludes. “The challenge for the coming years will be to integrate this modality in a balanced way, ensuring both business competitiveness and workers' rights.”
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