The remote working agreement with the approval of the Royal Decree Law 28/2020 of September 22th

Abstract

The containment of the pandemic has accelerated the exodus of workersto a private environment. With their return to the sphere from which they had departed during the First Industrial Revolution, those threats that labour law was able to deal with in the last century are returning. Of particular concern is the rise of the party autonomy as a regulatory source of the rights and obligations of the worker, as witnessed by the role that RD Law 28/2020 of 22 September on distance working gives to the distance working agreement. From its analysis, it can be deduced whether the counterweights provided for by the legal system are sufficient to put an end to the predominance of contractual freedom that can lead to the imposition of unfair conditions on the worker.