Teleworking in the Public Administration: a model for the public sector vis-à-vis the regulation of the private sector

Abstract

The article analyzes the regulation of teleworking and remote work for the personnel of Public Administrations, regulated by Law 10/2021, of July 9, on remote work. The article highlights the shared and none-shared factors with the regulation of teleworking for workers in the private sector, regulated by Royal Decree-Law 29/2020, of September 29, on urgent measures regarding teleworking in public administrations and human resources in the National Health System for facing the COVID-19 crisis. The Royal Decree-Law only modified the consolidated text of the Law on the Basic Statute of Public Employees, approved by Royal Legislative Decree 5/2015, of October 30 (TREBEP). The comparison of both regulations reveals that public regulation presents a wider scope than the regulation of art. 47 bis TREBEP.

Keywords:

public administration, public sector, private sector, teleworking, remote work