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Can I force my company in Spain to let me work from home?

GenevaTimes by GenevaTimes
November 13, 2026
in Europe
Reading Time: 3 mins read
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Can I force my company in Spain to let me work from home?
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Have you ever wondered if you’re allowed to work from home in Spain, perhaps to look after your children or care for an elderly relative? Here’s what the law says.

During the Covid pandemic, many of us got used to working from home and many found that they much preferred it to commuting and working from an office.

While most companies wanted employees back in person after everything reopened, it did open the door for some to be more flexible and today there many more options. Companies are also likely to be more flexible. 

The annual Teleworking Report 2026, which analyses 2025, revealed that last year saw the highest recorded level in history of people in Spain working from home. This was equivalent to 15.6 percent of the employed population or 3,473,900 people.

READ ALSO: Spain to raise minimum wage to €1,500 per month

Don’t miss our journalists’ daily news roundup from Spain

A total of 7.9 percent of the employed population works from home more than half the time, and 7.7 percent do so occasionally.

Among those who do work from home, the average is 2.9 days per week.

The number of people who work from home, however, significantly depends on age, employment status, and region. People aged 35 to 44 are the most likely to work from home (18.2 percent), compared to 6.7 percent of those aged 16 to 24.

Among those who are self-employed, it reaches 32.2 percent, compared to 12.7 percent of salaried employees. By region, Madrid has the highest rate with 24.7 percent, followed by Catalonia with 19.5 percent.

Working from home can also give you more flexibility if you have children, if you’re caring for someone or you live far away from your job, but can you actually force your company in Spain to let you work from home?

READ ASLSO: How to make the most of Spain’s public and regional holidays in 2027

The answer depends on your situation and the type of job you have.

Obviously not all jobs enable you to work from home, particularly if you work in services or the hospitality sector.

According to Article 34.8 of the Workers’ Statute , employees with children under 12 years of age have the right to demand adjustments to their working hours, including working from home or changes to their schedules. 

This means that while you may not be able to work from home permanently or every day, you may be able to request to do so on certain days of the week for example, depending on what you negotiate with your employer.

To request to work from home, it’s best to do so in writing and give reasons, such as childcare for example.

READ ALSO: Can I run a business from my flat or house in Spain?

Legally, if your employer objects, they must demonstrate justified reasons why within a maximum period of 15 days. During this time, the company must assess the feasibility of the proposal and should be open to negotiation.

If your company fails to respond within the legal timeframe, the requested measure is presumed to have been granted, meaning that you can work from home.

In the event of any irreconcilable disagreement, you have the right to appeal to the labour courts so that a judge can resolve the dispute.

According to data from Spain’s National Institute of Statistics (INE), in 2026, 31.4 percent of employed people believed their main job would allow them to work remotely, either fully or partially, however, only 15 percent do so.

Another 16.4 percent stated they could work remotely but have not done so. This means that less than half (47.8 percent) of those who believe they would be allowed to, do actually work from home.

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