The Audiencia Nacional has pointed out that the individual telecommuting agreement cannot replace the legal obligation of economic compensation of telecommuting expenses, which the collective bargaining agreement fixes in a specific amount, by the enjoyment of 2 days of free disposal per year.
We inform you that the Audiencia Nacional has issued judgment 62/2024, dated June 3, 2024, which declares null and void certain clauses of the teleworking agreements of DXC Technology Spain S.A. The judgment establishes that companies cannot substitute the economic compensation for the expenses derived from teleworking for days off.
The Federation of Services of Comisiones Obreras (CCOO) filed a lawsuit against DXC Technology, supported by other unions such as UGT, USO and CSIF. The lawsuit challenged two specific clauses of the telework agreements adopted after the pandemic.
The National Court has determined that the compensation of teleworking expenses, according to Law 10/2021, on Telecommuting, is mandatory and cannot be substituted by days off. In addition, the collective bargaining agreement does not allow this financial compensation of 17 euros per month to be absorbed or compensated by other concepts.
This decision reaffirms the obligation of companies to comply with the economic compensation established in the regulations in force and in the collective bargaining agreements. It thus protects the rights of workers in the context of teleworking.
You can contact this professional office for any doubt or clarification you may have in this regard.
Best regards,
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