Territorial jurisdiction in remote working and telework contracts
Following the recent ruling of the Supreme Court 365/2025, of 24 April 2025, the employee may choose whether to bring the claim before the court in the company's workplace or in the location where they work remotely.
Types of contracts involving remote work:
In our view, despite the confusing terminology used in the legislation, the distinction between the following two arrangements continued to be respected:
- Remote working contract: one in which it is agreed from the outset that the employee will work from their home.
- Telework: one in which the arrangement is originally based at the employer's workplace and subsequently converted to remote working by agreement, with retroactive effect.
Future travel for employment lawyers:
The opinion that carries weight, however, is that of the Supreme Court, which sets out its doctrine clearly: the employee may choose where to bring the claim:
"Remote working is voluntary for both the employer and the employee (art. 5 of the Remote Working Act). The mandatory minimum content of a remote working agreement includes the «[p]lace of remote work chosen by the worker for the performance of their remote work» [art. 7.f) of the Remote Working Act].
When the employer agrees with the claimant that services will be provided by working remotely from their private home, this means that the place where employment services are rendered will be the employee's home address, and that, by direct application of Article 10.1 of the LRJS (Spanish Labour Procedure Act), the elective territorial jurisdiction will include the employment tribunal for the employee's home address, where they provide their services. This means that, from the moment the employer agrees to telework at the employee's home address, the employer must be aware that this will entitle the employee to bring employment claims before the Labour Courts of their home district, and the employer must therefore anticipate the possibility of having to exercise their right of defence before those courts.
(...)
"Where the teleworker provides services partly from their own home and partly on-site (working remotely from home on certain days each week and attending the company's workplace in person on the remaining days), Article 10.1, second paragraph, of the LRJS will apply, which entitles them to choose between the employment tribunal within whose territorial jurisdiction their home address falls, that of the place where the contract was concluded — provided the defendant can be summoned there — or that of the defendant's home address."
Key takeaways for employment lawyers:
This means that in cases involving dismissal, contract termination under Article 50 of the Workers' Statute, wage claims, working hours adjustments, and so on, the employment lawyer acting for the company will need to travel to the employees' place of residence to defend their rights.
If you need an employment lawyer in Barcelona, do not hesitate to get in touch with us.
If you are an employment lawyer, please reach out — we also need colleagues across the different jurisdictions of Spain :-)
