New Forms of Employment in Spain after the 2012 Reform: The “Working Time” Factor as a Tool to make “Distance Work” more Flexible

Abstract

This paper analyses some aspects of the legal regime of new forms of employment in Spain after the 2012 Reform, especially in relation to distance work. One key factor in ensuring flexibility and the reconciliation of professional and family life is working time. The organization of working time is key to adapting work to the legitimate demands of the parties to the contract and meeting expectations of productivity and work-life balance. In this sense, this research is devoted to examining the impact of this “time factor” in distance work in Spain. This analysis is not easy as the Spanish legislator keeps silent on this point and the Article 13 of the Workers’ Statute does not clarify this aspect or the way working hours should be organized. Besides, collective agreements contribute little in terms of working time, so many questions remain unresolved.
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