El papel y alcance de la negociación colectiva en la nueva regulación del trabajo a distancia

Abstract

The RDL 28/2020 regulates for the first time and with a remarkable level of detail the provision of services by telecommuting and, specifically, telework. According to this regulation, the role and scope granted to collective bargaining is broad, varied and complex, and it can work as a complement, replacement and development of the law. This complexity and variety of shared roles regulating telecommuting and teleworking and the scarce presence of both telework and conventional regulation in this regard in the Spanish system of labour relations may pose an added difficulty to an adequate and successful reception of this modality of rendering services, particularly in a scenario in which the intention of the legislator is clear to promote both telecommuting and teleworking for several reasons. The analysis of the ways of intervention of the collective bargaining, the resolution of some questions of complex interpretation and some proposals for conventional regulation constitute the object of this piece of work.