Spanish labor law regulates remote work and teleworking rights

Under Spanish Law 10/2021, companies cannot unilaterally reduce or eliminate remote work arrangements if they have been formally established in a contract, individual agreement, or collective bargaining agreement. For remote work to receive this level of legal protection, it must be performed regularly, defined as at least 30% of the working day for a period of three months.

Any reduction in remote work days is considered a substantial modification of working conditions. This requires the employer to justify the change based on economic, technical, organizational, or production reasons and must follow a formal procedure involving prior notice and negotiation with the employee. If remote work is not regular or was merely a temporary instruction not formalized in writing, the employer may have more flexibility to mandate a return to the office.