Sometimes, Those Who Can Do More (Full Reversal) Cannot Do Less (Modification): Is a Unilateral Change to the Percentage of Remote Work Never Lawful?

Commentary on Spanish Supreme Court Ruling No. 608/2026 of 1 July 2026

Abstract

The Spanish Supreme Court Ruling No. 608/2026 of 1 July 2026 resolves a collective labour dispute arising from the RACC Group’s decision to reduce the proportion of remote work performed by employees with disabilities, with a view to determining whether that decision constitutes a collective substantial modification of working conditions subject to Article 41 of the Workers’ Statute. The Court partially upholds the appeal and, departing from the approach adopted by the National High Court (Audiencia Nacional), rules out the application of the negotiation and consultation procedure laid down in Article 41(4) of the Workers’ Statute. It considers the Remote Work Act to be applicable as lex specialis, requiring the individual consent of each employee, and consequently declares the measure invalid only in respect of those employees who had not given such consent. This solution is, however, open to criticism, as there are grounds for arguing that the safeguards provided by both legal frameworks are cumulative rather than mutually exclusive.
Furthermore, the ruling fails to address the matter from an occupational health and safety perspective, an aspect of particular relevance in this case that was nevertheless overlooked by the Fourth Chamber of the Supreme Court.