Remote teams across several countries: the distance-work agreement nobody signed
Nextica Law & Tax orders a tech company's hiring: a distance-work agreement with the content Law 10/2021 requires —an inventory of equipment, expense compensation, working hours and availability rules—, technical staff contracts with retention, post-contractual non-compete and confidentiality clauses that hold up, ownership clauses over what is created in the course of the employment, and analysis of where someone living outside Spain pays social security and under what contract they work.
It has developers in four countries and not a single signed distance-work agreement.
What's included
1. A written distance-work agreement with the minimum content the law requires, which is longer than people expect.
2. An inventory of the equipment provided with its useful life, and an expense compensation system that is quantified rather than eyeballed.
3. Availability and disconnection rules, with working hours and the office/remote split written down rather than assumed.
4. Retention agreements where training is funded, and post-contractual non-competes with proportionate consideration.
5. Ownership clauses over what is created in the course of the job, coordinated with those in third-party development contracts.
6. Analysis of anyone working from another country
applicable law, where they pay social security, where they are taxed, and what their presence there creates for the company.
7. Reviewing the agreement when circumstances change, because remote work is voluntary and reversible and that reversibility has to be agreed.
FOUR COUNTRIES AND NOT ONE SIGNED AGREEMENT
The distributed team is built in months and the paperwork is signed years later, once there is something to argue about.
A distance-work agreement that does not exist or is incomplete
the law sets a written minimum content —equipment, expenses and their compensation, hours and availability, the office/remote split, the assigned workplace, monitoring means and duration— and the absence of that document is the first thing examined.
Law 10/2021 on remote workRemote work expenses left unquantified
the compensation must be determined, and an eyeballed or unpaid amount is later claimed retrospectively by everyone in the same position.
Law 10/2021 on remote workAn employee relocating abroad with nothing reviewed
the applicable employment law changes, as does where contributions are due and where they are taxed; and there is a fourth effect almost nobody sees coming — a stable staff presence in another State can create a permanent establishment of the company there.
CURRENT CONTRACTUAL MODALITIES IN 2026
| Mode | When to use | Key requirements and risks |
|---|---|---|
| Ordinary indefinite | The standard modality since the 2021 reform. Preferable in case of doubt. | It can be full-time or part-time. For part-time work, specific hour recording and limitation of supplementary hours. |
| Fixed-discontinuous | Seasonal or cyclical activity, or work that is not provided continuously but is predictable. | Replaces the work and service contract for non-permanent but recurring activities. Incorrect design → can become ordinary indefinite. |
| Temporary replacement (art. 15.1.c ET) | Replace an employee with the right to job reservation (sick leave, maternity, leave of absence) or cover vacancy during the selection process. | The replaced worker or the reason for the vacancy must be identified. 3-month limit for vacancy coverage. |
| Alternating training (art. 11.2 ET) | Unqualified people for the position, under 30 years old. Bonuses in social security contributions. | Duration: 3 months to 2 years. Maximum workload: 65% in the first year, 85% in the second. Minimum compensation of 60%/75% of the minimum wage or the agreement. |
| Senior Management Contract (RD 1382/1985) | Senior management personnel who exercises powers inherent to the ownership of the company with full autonomy. | It is governed by RD 1382/1985 and not by the ET. Compensation in case of withdrawal: minimum 7 days/year unless otherwise agreed. No mandatory maximum legal probation period. |
Ordinary indefinite
Fixed-discontinuous
Temporary replacement (art. 15.1.c ET)
Alternating training (art. 11.2 ET)
Senior Management Contract (RD 1382/1985)
Frequently asked questions
What must a distance-work agreement say?
Law 10/2021 sets a written minimum content, and it is longer than people expect: an inventory of the equipment provided and its useful life, a list of the expenses and how they are quantified and compensated, working hours and availability rules, the percentage and split between office and remote, the workplace the person is assigned to, the employer's monitoring means, the procedure for technical problems, and the agreement's duration. And one more thing: remote work is voluntary and reversible, and that reversibility has to be agreed, not assumed.
A developer of mine has moved to another country. Can I keep the same contract?
Usually not without reviewing it, even if the work is identical. Changing country of residence affects three things at once: the applicable employment law, where social security contributions are due, and where that person is taxed. And there is a fourth effect almost nobody sees coming which matters to the company more than the other three: a stable presence of staff in another State can create a permanent establishment of the company there, with its own tax obligations. It is a decision to take before the move, not when the first letter arrives.
Cases we have worked on
- tecnologia
Pacto de socios que desbloqueó la entrada de un inversor
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