The Workers Statute (Estatuto de los Trabajadores) gives remote working a single sentence: article 13 says employees may work remotely “under the terms of Law 10/2021 on remote working” (Ley 10/2021 de trabajo a distancia). Everything else, including who pays for what, lives in that law and in your agreement. This guide tells you what is in the Statute, where you are protected, and how to prepare a conversation with your employer without inventing figures.
The Statute refers to Law 10/2021, and the detail is there
It helps to know where you stand. When you work remotely on a regular basis, your relationship is governed by the Statute and by Law 10/2021. That law is not among the texts that could be checked for this page, so I do not give you its articles, percentages or thresholds. Open it on the BOE (Spain’s official gazette) site or ask a union before accepting any figure you hear.
What you can do now, with what is in the Statute and the LISOS:
- Insist that what is agreed is in writing.
- Ask for it to specify which equipment the company provides.
- Keep your invoices and receipts from day one.
What the Statute does say about equipment
Article 37.3.g provides that, if you cannot reach the workplace because of authorities’ restrictions or a serious and imminent risk, and your job is compatible, the company can set up remote working. It does so “observing the other formal and material obligations in Law 10/2021 and, in particular, the supply of adequate means, equipment and tools”.
That is a pointer to where the legislator is heading. If your agreement says you provide the laptop and the internet without any compensation, ask which provision of the law that rests on.
Table: what the Statute says and what to look up elsewhere
| Issue | What appears in the Statute or the LISOS | Where to find the detail |
|---|---|---|
| Regular remote working | Art. 13: governed by Law 10/2021 | Law 10/2021 |
| Written agreement | LISOS 7.1: serious offence not to formalise it | Law 10/2021 and your agreement |
| Means and equipment | Art. 37.3.g: supply of adequate means, equipment and tools | Law 10/2021 and your agreement |
| Costs | Art. 26.2: reimbursements for work expenses are not salary | Law 10/2021, collective agreement and your agreement |
| Asking for it to balance family life | Art. 34.8: reasonable adjustments, including remote work | Collective agreement and negotiation with the company |
| Asking for it if you study | Art. 23.1.a: priority of access if the job is compatible | Collective agreement |
| Victims of gender violence, sexual violence or terrorism | Art. 37.8: right to work wholly or partly remotely if compatible | Collective agreement or agreement |
Costs: what to do with your invoices
The Statute sets no amounts. What it does say, in article 26.2, is that what you receive as compensation or reimbursement for expenses incurred because of your work is not salary. This matters on your payslip: an expenses refund is a separate item and is not mixed up with your pay.
Example of how to organise your costs. The amounts are made up, just to show the method.
| Cost | Invoice | Amount | Who paid |
|---|---|---|---|
| Ergonomic chair | Yes | €120 | You |
| Laptop stand | Yes | €30 | You |
| Headset with microphone | Yes | €27 | You |
| Total | €177 |
With that table you can write to the company: “I request reimbursement of €177 in equipment costs, in line with my remote work agreement and the applicable rules, with the invoices attached.” If you earn €1,800 and are reimbursed €177, your payslip will show €1,800 of salary and €177 of reimbursement, which is not part of the salary. If the company says no, ask for the reason in writing.
Balancing family life and remote work: you can ask, it is not guaranteed
Article 34.8 gives you the right to request adjustments to the duration and distribution of working time and to how the work is done, including remote working, to balance work and family life. You can ask if you have children up to twelve years old, or care needs for older children, a spouse or partner, relatives up to the second degree or other dependants living with you.
Rules in your favour:
- The company must open a negotiation of fifteen days at most; if there is no express, reasoned objection in that time, it is presumed granted.
- If it refuses, it must give reasons in writing based on objective grounds.
- You have the right to return to the previous arrangement when the agreed period ends.
- Disagreements are settled by the labour courts (jurisdicción social).
If you are studying, article 23.1.a gives you priority of access to remote working if it is the regime in place at the company and your job allows it.
Disconnection and time records still apply at home
Working at home does not take away your right to digital disconnection under article 20 bis, explained in the right to disconnect, nor the daily working time record of article 34.9, described in the working time record. Hours at home count the same as hours at the workplace.
Why your case may be different
- You work remotely only occasionally. The Law 10/2021 regime may not be yours; the law defines when remote working counts as regular, and that definition is not among the texts checked. Read it.
- Your collective agreement has its own policy. It may regulate expense compensation or remote working days.
- You work in the public sector. Different rules apply.
- You are self-employed. The Statute does not apply to you.
If the company has you work remotely with no written agreement and no equipment, the LISOS provides for penalties: not putting the remote work agreement in writing is a serious offence (art. 7.1), with fines of €751 to €7,500 depending on the grade (art. 40). Before claiming, keep your emails, your contract and your invoices.
This page is general information. It does not cite Law 10/2021 because its text could not be checked; if deadlines or money are at stake, talk to an employment lawyer (abogado laboralista) or a union.