Misadventures of telework in living law: between collective autonomy and jurisprudential doctrine

Abstract

The regulation of telework in Spain has opened a fracture between the treatment of home-based telework in the pandemic and telework in the post-COVID-19 period. Neither collective autonomy nor judicial law is adequately addressing the correction of this gap. However, an analysis under the law of precedent created by the Spanish Supreme Court ruling of 11 April 2005 and the European Telework Agreement provides sufficient legal grounds to recognise greater rights of redress for teleworkers in pandemics.