Spain: New Law 10/2021, on remote working, increases fines and includes equality measures
Spain Labor and Employment Alert
Law 10/2021, of July 9, 2021, on remote working, replacing Royal Decree-Law 28/2020, of September 22, 2020, contains a few new provisions on equality and non discrimination in remote work for workers with disabilities and revises the penalty amounts under Royal Decree-Law 5/2000, of August 4, 2000, approving the revised Labor and Social Security Infringements and Penalties Law.
It stipulates an obligation for companies to avoid any, direct or indirect, discrimination for workers providing their services remotely, including gender-based discrimination, and discrimination by reason of age, length of service or professional category or disability. They will now have to ensure equal treatment and provide support, in addition to making any reasonable adjustments that may be required.
For workers with disabilities, the company must ensure that the resources, equipment and tools for remote working (including digital elements) are universally accessible to avoid any exclusion for this reason.
Risk assessments for remote workspaces must consider the accessibility of the effective working environment.
The penalty amounts under the Labor and Social Security Infringements and Penalties Law are increased, starting on October 1, 2021. For example, the highest penalty amount for serious infringements related to labor relations and employment is set at €7,500 (from the previous €6,250), whereas the highest amount for very serious infringements goes up from €187,500 to €225,018. Additionally, highest penalties for occupational risk prevention infringements will amount to €983,736 (previously €819,780).