With the rise of hybrid offices and digital nomad lifestyles, remote work in Spain is no longer a fringe benefit—it’s a mainstream employment model. But under Spanish law, telework comes with specific legal requirements that both employers and employees must follow.
In this article, we cover everything you need to know about working remotely in Spain, including the legal framework, telework agreements, and best practices for compliance.
🏛️ 1. Legal Basis for Remote Work in Spain
Spain regulates remote work primarily under:
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Law 10/2021 on Teleworking, which governs voluntary remote arrangements
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The Workers’ Statute (Estatuto de los Trabajadores)
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Applicable collective bargaining agreements (CBAs)
Remote work is defined as when at least 30% of working time over a 3-month period is performed outside the company’s premises.
📝 2. Mandatory Telework Agreement
Employers and employees must sign a telework agreement that includes:
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Work schedule and availability
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Equipment and expenses covered
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Location of remote work
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Means of monitoring and performance control
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Data protection and cybersecurity protocols
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Duration and reversibility clause
⚠️ This agreement must be submitted to SEPE (Public Employment Service) within 10 days of signing.
🏠 3. Who Can Request Remote Work?
Remote work is voluntary and reversible, meaning:
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Both parties must agree
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Employees cannot be forced into remote work (except for public health emergencies)
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Employees with family obligations may have priority rights to request remote work under some CBAs
💻 4. Employer Obligations for Remote Work
Employers must:
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Provide or cover the cost of necessary equipment (laptop, screen, mouse, chair, etc.)
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Reimburse work-related utilities and expenses (internet, electricity)
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Respect right to digital disconnection outside working hours
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Ensure equal treatment for remote workers in terms of promotions and training
📶 5. Data Protection & Monitoring
Employers must protect the remote worker’s privacy and personal data, including:
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Adopting secure IT systems
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Avoiding invasive surveillance
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Informing workers of monitoring measures in advance
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Following GDPR and Spain’s LOPDGDD (data protection law)
Unlawful monitoring may lead to sanctions and lawsuits.
⏰ 6. Flexible Hours & Work-Life Balance
While telework offers freedom, Spanish law still protects:
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Set working hours and breaks
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The right to disconnect digitally during non-working hours
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Limits on overtime unless specifically agreed
Flexible hours can be negotiated in the telework agreement but must respect collective labor norms.
🌍 7. Can You Work Remotely from Abroad?
Yes—but only if:
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The employer consents
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Local laws are considered for tax residence, social security, and labor rights
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A separate international remote work policy is adopted
💡 This is especially relevant for digital nomads and non-EU workers using Spain’s new Digital Nomad Visa.
📈 8. Hybrid Work Models
Many Spanish companies adopt hybrid models that combine:
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On-site days (e.g., 2–3 days/week in the office)
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Remote days (e.g., from home or co-working space)
These models must still follow telework laws if remote hours exceed the 30% threshold.
⚖️ 9. Penalties for Non-Compliance
Failure to comply with remote work obligations can result in:
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Fines from the Labor Inspectorate (Inspección de Trabajo)
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Worker lawsuits for breach of contract or privacy
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Reputational and financial damage for the employer
Ensure all remote arrangements are properly documented and communicated.
🧑💼 10. Need Help Drafting a Telework Policy?
At Borderless Lawyers, we help Spanish and international businesses:
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Draft legally compliant remote work policies and agreements
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Manage remote teams across borders
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Ensure compliance with Spanish labor, tax, and data laws