Remote Work in Spain: The Rules for Employers
Spain regulates remote work through a dedicated law. If you employ someone in Spain who works from home, here is when the rules bite, what the written agreement must cover, and who pays for what.
What Law 10/2021 asks of employers with remote staff.
Spain does not treat remote work as an informal arrangement. Law 10/2021 on remote work sets out when it applies, what must be agreed in writing, and who bears the cost. If you are employing someone in Spain who will work from home for a meaningful part of the week, these rules matter from the outset.
When the law applies
The formal regime kicks in when remote work is regular, defined as at least 30% of working time over a reference period of three months, or the equivalent share for a shorter contract. In a standard week, that is roughly a day and a half working remotely. Below the threshold, occasional home working is not caught by the full framework, though it is still sensible to document it.
The distinction matters because crossing the 30% line triggers the written agreement and the cost obligations that follow. It is worth being clear at the hiring stage about how much of the role will be remote.
The written remote work agreement
Regular remote work needs a separate written agreement, the acuerdo de trabajo a distancia, signed before the remote work begins and attached to the employment contract. It is not enough to mention remote work in passing; the law expects a specific document.
- An inventory of the equipment and tools the employee needs.
- The expenses the employee may incur and how they are compensated.
- The split between remote and on-site working.
- Working hours and any rules on availability.
- The duration of the arrangement and how either side can reverse it.
This agreement sits alongside the main contract, which we cover in our guide to Spanish employment contracts.
Who pays for equipment and expenses
This is the obligation that surprises overseas employers most. Under Ley 10/2021, the company must provide the equipment and tools needed to work remotely, and must cover the expenses that come with it. Those costs cannot be shifted onto the employee. The exact amount and how it is paid are set in the remote work agreement, often guided by the applicable collective agreement.
Voluntary and reversible
Remote work in Spain is voluntary on both sides. An employer cannot force an employee to work remotely, and an employee cannot demand it as of right; it has to be agreed. Because it is agreed, it is also reversible under the terms set out in the written agreement, with notice on either side.
Importantly, refusing remote work cannot be used against an employee. It is not grounds for dismissal or for changing their core conditions. The arrangement is a genuine agreement, not something one side can impose on the other.
The right to digital disconnection
Article 18 of the law recognises the right to digital disconnection outside working hours. Remote employees are entitled to switch off, protecting their rest time, leave and holidays, and employers are required to have an internal policy setting out how the right works in practice. The same law also reinforces the general Spanish obligation to record daily working time, which applies to remote and on-site staff alike.
Taken together, these rules make remote work in Spain a properly regulated arrangement rather than an informal favour. Handling the agreement, the expenses, and the disconnection policy correctly is part of what an EOR service in Spain manages for a remote hire.
Frequently asked
Q01When does Spain’s remote work law apply?
Q02Do you need a written remote work agreement?
Q03Does the employer pay for equipment?
Q04Can an employer force remote work?
Q05What is the right to digital disconnection?
Remote hires in Spain, agreement and expenses handled.
We put the required remote work agreement in place, build in the equipment and expense terms the law demands, and add a digital disconnection policy, so your remote hire in Spain is compliant from day one.