I am not being moved from the beach: the battle of the 'last Mohicans' of teleworking
Judges settle disputes between employees who do not want to return to the city after moving in the pandemic and their employers.
Almost four years after the start of the COVID-19 pandemic, some employees who opted for teleworking are fighting a legal battle with their employers to maintain this form of work. Judges are now settling the dispute. In doing so, they are weighing the motives and interests of the employer against those of the employee.
Taking care of children is one of the reasons that professionals use for not returning to the office. Some of these children have already been born in the new residence. The Workers' Statute allows you to request an adaptation of the working day to reconcile work and family life if you are responsible for a child under 12 years of age. But having children is not always a carte blanche to demand teleworking.
Pere Vidal, Associate Director of the Labour Law Department at RocaJunyent, argues that "teleworking implemented as an exceptional measure for a specific time does not automatically translate into an acquired right for the employee". The return to routine, especially after the official closure of the health crisis in July 2023, "does not infringe the rights of the worker nor does it constitute a substantial modification of working conditions".
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