Teleworking and its final legally configuration

Abstract

In this article, it is studied the legally configuration, and more specifically the concept, and the characteristics, and above all, the legally nature of this new contractual mode of teleworking or called «distance contract» too, which is regulated in the present article 13 ET. So, we analyse the characteristics in order to define it as an ordinary work relation for an employed person and to exclude it of the ancient home contract.

In fact, teleworking has just been introduced by the reform that has taken place with the RDL 3/2012 like a new form of working suitable for the present tendency towards the decentralization and the flexibility of the employers’ organizations. One of the key elements of this new contractual mode is the use of the new tools of the technology of the communication and information.

The fact that was an incipient way of organization has the disadvantage that there are hardly judicial pronouncements on this matter. For this reason, there isn’t so much judicial doctrine or jurisprudence.