Disciplinary dismissal and remote work

 

When can a company use disciplinary dismissal in remote work?

A disciplinary dismissal for a remote worker is based, just like in on-site work, on a serious and culpable breach of their duties. The most common cases relate to breach of contractual good faith and abuse of trust, which are key principles to ensure a healthy employment relationship.

Common examples include misuse of work tools: using the company’s computer, corporate email, or internet connection for personal or even illegal purposes. A remote worker who spends work hours on unrelated activities or deliberately slows down their performance directly harms the company.

Courts have already validated these actions: dismissals have been upheld when, for example, an employee moves to a location without proper internet access, fails to comply with their working hours, disconnects without justification, or causes customer complaints. In short, working from home does not mean less responsibility.

Employer control: a legitimate right

Companies have the right — and often the obligation — to ensure their teams are fulfilling their duties, especially when working remotely. This must always be done within the law and respecting employees’ privacy, but without giving up protecting the company’s productivity and interests.

Any monitoring system must be appropriate, necessary, and proportionate. Installing monitoring tools or analysing the use of corporate devices is legal if the employee is informed and the purpose is to verify performance. However, this control should focus on ensuring objectives are met and not become excessive or intrusive surveillance.

Workers’ rights and the company’s responsibility

While the company has the power to supervise remote work, it must always do so in line with current regulations, respecting the dignity, privacy, and digital disconnection rights of employees.

Remote work should not lead to lower performance or harm to the organisation. That’s why having clear protocols, remote work manuals, equipment use policies, and specific contract clauses is essential to prevent conflicts and maintain a balanced employment relationship.

Remote work in Spain: a growing reality

According to 2024 data, 37.5% of Spanish companies with more than 10 employees allow remote work, and this figure rises to 80.4% among large companies. More and more organisations are adopting hybrid models that combine on-site and remote work. This trend highlights the need for appropriate monitoring and management tools to prevent abuse and safeguard the company’s stability.

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