Many companies in Spain still treat remote work as a perk, or a last resort in the face of unforeseen consequences. But under Spanish law, it can be a legal right—especially for parents, carers, and others with family responsibilities.
In fact employees with children under 12 do have strong legal grounds to demand full remote work, under legislation emerging from the Covid lockdowns. Employers must respond in writing, and can only deny the request with serious, objective justification. This isn’t just guidance, it’s law, and non-compliance carries legal risk.
And that’s just one piece of the puzzle.
Spain’s Ley 10/2021, the national law regulating remote work, sets out clear requirements for how companies must manage teleworking relationships. These include:
- A written telework agreement, detailing conditions, schedules, and equipment use
- A duty to provide and maintain all necessary tools for remote work
- A legal obligation to reimburse all work-related expenses
- Protection of employees’ rights to career progression, digital disconnection, and health and safety at home
Recent case law—like rulings against Endesa and other major employers—has only reinforced that Spanish courts are prepared to defend these rights. Remote work isn’t a casual option to be granted or revoked at will. For many workers, it’s a legal entitlement.
In the case of Endesa, a ruling confirmed the nullification of two clauses in their individual telework agreement dated 2 June 2022, which impacted over 4,700 employees:
- A clause forbidding substitution, rescheduling or accumulation of in-office days when remote days were required.
- A clause barring any remote-work expense reimbursement, claiming savings from not commuting covered all costs.
The court found both clauses violated Ley 10/2021 de Trabajo a Distancia, reaffirming workers’ right to written remote‑work agreements and expense compensation.
Working from home in Spain
As The Local recently reported, Spain’s long summer break creates acute challenges for working parents.
Under Article 34.8 of the Estatuto de los Trabajadores, employees with children under 12 have the right to request changes in work schedule or modality – including full-time remote work – to help balance family and job responsibilities .
In 2023, amendments clarified that employers must negotiate these requests within 15 days, responding in writing—and if they don’t, the request is deemed accepted . As summer begins, these legal provisions will see a surge in requests: not optional, but legally binding.
So here’s the question for your business: are you ready to handle these requests?
Can you evaluate them quickly, implement them effectively, and maintain productivity?
The key isn’t whether remote work is possible, as every manager learned during Covid. It’s whether it can be done in a compliant, operationally sound way.
Companies without a structured remote-work framework risk legal exposure and worker discontent. Meanwhile, those with clear, agile systems in place will demonstrate resilience and win trust—from employees, families, and future talent.
The Real Decreto-ley 5/2023 was published in the Boletín Oficial del Estado on 29 June 2023 . The key legal updates include:
- Reduced employer response time: Requests under Article 34.8 of the Estatuto de los Trabajadores must now be answered within 15 days, instead of the previous 30. If the employer remains silent, the request is deemed accepted .
- Expanded eligibility: The right to request adaptations (including remote work) now covers caring for children under 12, elderly or dependent relatives, spouses or partners, and second-degree family members living in the same household .
- Right of return: Employees can revert to their original conditions once the agreed period ends or the situation causing the change terminates—unless the employer provides objective, written justification .
A business risk—and a strategic opportunity
This shift creates a compliance risk for businesses who haven’t adapted. Dismissing or ignoring a remote work request—especially from a parent or carer—could result in litigation. Likewise, failing to properly compensate for remote costs or ignoring occupational health obligations could open the door to fines or disputes.
But this is also an opportunity.
Companies that take remote work seriously—not just as a legal checkbox, but as part of a future-ready business model—gain a competitive edge:
- Recruitment: Today’s top talent prioritises flexibility
- Retention: Workers stay longer with employers who support work-life balance
- Resilience: A distributed setup keeps your business running during strikes, storms, transport failures, or political unrest
- Reputation: Being remote-ready signals that you’re progressive, compliant, and trustworthy
—
Remote readiness isn’t plug-and-play
It’s tempting to think remote work can be solved with a few laptops and a video call link. But to be truly remote-ready means building a robust framework across policies, systems, and culture.
This includes:
- Legally compliant agreements for every remote worker
- Clear, enforceable policies on hours, availability, and digital disconnection
- Cost reimbursement structures that stand up to inspection
- Proper occupational risk assessments for home working
- Training for managers to lead, communicate, and motivate from a distance
- Systems to monitor and adapt—not just set and forget
And that’s where we come in.
—
We help businesses build lasting remote resilience
The Remote Readiness service from Remote Resilience Hub is built for companies like yours—businesses that want to stay compliant, competitive, and confident in how they support remote work.
We help you:
✅ Assess your current gaps and risks
✅ Create tailored, legally sound policies
✅ Train your team to manage distributed workforces
✅ Build operational models that scale with your business
✅ Create your tech stack to support and align your workforce, wherever they are.
Whether you’re just starting to get requests from employees, or you’ve already gone partially remote and know things could be tighter—we can help.
—
Don’t wait for a legal dispute, a PR disaster, or the next unexpected shutdown.
Get remote-ready now, and turn compliance into competitive advantage.
Explore our Remote Readiness service or get in touch to talk about how we can support you.