Spain · National · Royal Decree-law

Royal Decree-Law 28/2020 · Remote work: repealed prevention framework

Historical; implied repeal by Act 10/2021 recorded from 11 July 2021

Current official Spanish title: Real Decreto-ley 28/2020, de 22 de septiembre, de trabajo a distancia.

On this page
  1. What it regulates
  2. Who it applies to
  3. Key provisions
  4. History and versions
  5. Transitional provisions and application notes
  6. Official BOE legal relationships
  7. Official sources
  8. Explore the concepts in Sabentis Explore

What it regulates

It was the 2020 framework for prevention and disconnection in regular remote work. This entry explains its historical regime and succession by Act 10/2021; it does not present these rules as an independent current legal basis.

Who it applies to

Historical selection of Articles 1, 4(4), 15, 16 and 18 and scope and transitional provisions. The numerous Social Security, tax and administrative amendments contained in the Decree-Law are outside this entry.

Key provisions

The regime addressed regular remote work within employment relationships, with a threshold of 30% of working time over three months or an equivalent proportion.

Article 1

It recognised safety and health protection under the OSH Prevention Act and its implementing rules, including outside company premises.

Article 15

Assessment had to consider psychosocial, ergonomic and organisational factors, working time, availability and rest. It was limited to the designated work area.

Article 16

A home visit required written justification and permission; without permission, information could be obtained from the worker following prevention-service instructions.

Article 16

It provided for disconnection outside working hours, an internal policy after hearing representatives and training to address digital fatigue.

Article 18

It required harassment-prevention measures to be adapted to remote work.

Article 4

History and versions

Initial publication: 23/09/2020 · Initial entry into force: 13/10/2020

BOE-A-2020-11043

Published on 23 September 2020, ratified by the Resolution of 15 October 2020 and subsequently processed as Act 10/2021. The latest version published on 10 July 2021 reflects implied repeal, not continuation as current legislation.

Resolution of 15 October 2020: parliamentary ratification of the Decree-Law.

BOE-A-2020-12689

Act 10/2021: successor legislation; implied repeal recorded with effect from 11 July 2021.

Publication: 10/07/2021 · Effective date: 11/07/2021

BOE-A-2021-11472
Text versions of the selected OSH provisions

The table is limited to the occupational safety and health provisions covered by this record. A text version may amend only other paragraphs of the same article; the history explains the occupational changes. Changes to other subjects can be consulted in the BOE.

Historical selection of Articles 1, 4(4), 15, 16 and 18 and scope and transitional provisions. The numerous Social Security, tax and administrative amendments contained in the Decree-Law are outside this entry.

Transitional provisions and application notes

  • Published on 23 September 2020: general entry on 13 October 2020 for the selected preventive provisions. Other provisions took effect earlier; a single date must not be attributed to every amendment.

    Final provision decimocuarta
  • The BOE records implied repeal by Act 10/2021 from 11 July 2021. It must not be described as express repeal or as current law merely because its text remains available.

    Article 16
  • Act 10/2021 added express reference to accessibility of the actual working environment. That formulation must not be retrospectively attributed to the original 2020 Article 16.

    Article 16
  • The exception linked to COVID-19 public-health measures and the adaptation periods were conditional historical rules. They are not a general current exemption from preventive duties.

    Transitional provision third

Official BOE legal relationships

This record covers the history of the selected occupational safety and health provisions. The official analysis also provides the relationships affecting other subjects in the legislation.

Official BOE legal relationships

Official sources

Official sources checked on 14/11/2026. Updating a database record does not by itself mean that the legislation has been amended.

  1. BOE-A-2020-11043
  2. BOE-A-2020-11043
  3. ELI identifier

Official sources checked on 14 November 2026. The original publication and subsequent provisions determine the legal scope; consolidation, where available, is informative. The editorial history focuses on OSH-relevant relationships and does not replace the sources.

Sabentis editorial translation; it is not an official translation and does not replace the official text.

Editorial information

Publication date: 14 November 2026.

Editorial responsibility: Sabentis editorial team.

Editorial review by Pablo RodríguezLinkedIn

Executive Vice President of the International ORP Foundation and Chief Financial Officer of Sabentis.

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