Last 29th September Royal Decree 29/2020 on urgent measures with regard to teleworking in the civil service and human resources in the national health system was published. It is striking to note that whereas the regulation of teleworking for private enterprises was carried out by the enactment of Royal Decree 28/2020 dated 22nd September at great length and in great detail, in contrast the regulation for the civil service was dealt with in a single article, through the introduction of the new article 47b in the revised text of the Law of Basic Statutes for Civil Servants.
The aim of the legislators seems to be quite intentional, to leave determination of the details in the hands of the collective negotiating powers of civil servants and employees. In this way the national public administration, the administrative bodies of the various autonomous regions, town councils, provinces, island councils and local governments will have to come to an agreement on the application of the rules and details of their implementation at each and every one of the relevant negotiating tables.
Royal Decree Law 29/2020 dated 29th September on urgent measures with regard to teleworking in the civil service and human resources in the national health system in order to face up to the health and sanitary crisis due to COVID-19.
Article 1. Modification of the revised text of the Law of Basic Statutes for Civil Servants, approved through Royal Legislative Decree 5/2015, dated 30th October.
«Article 47 b. Teleworking.
1. Teleworking is considered to be the manner of providing remote services by which the competence offered by the place of work can be assured, to the extent that the service requirements allow, outside the offices of public administration by making use of information and communication technologies.
2. The provision of services through teleworking must be explicitly authorised and shall be compatible with services offered in person in the corresponding offices. In any event, it shall be voluntary and reversible except in certain correctly justified exceptional cases. It shall take place in accordance with the rules dictated in these Statutes, which shall be the object of collective negotiation in the relevant sectors and shall take objective criteria in the access to this manner of provision of services into account.
Teleworking is intended to contribute to improved organisation of work by identifying objectives and evaluating whether they have been attained.
3. Personnel providing services through teleworking shall have the same individual and collective rights and obligations, as laid down in these Statutes, as other personnel carrying out their duties in person in the office, including regulations on the prevention of risk of accidents, where applicable, except where such risk is associated with providing the service in person.
4. The public administration shall supply and maintain the technological means necessary for the personnel working in this manner to be able to carry out their duties.
5. The personnel working in the service of the public administration authorities shall be subject in matters of teleworking to the provisions of these Statutes and to the rules for their application.»