The right to digital disconnection

Teleworking leads to the use of this right to limit communication between employees and employers outside of working hours. The same is applied in different parts of the world, in order to avoid harming the mental and physical health that hyperconnectivity produces.

The right to digital disconnection

The right of digital disconnection is the right that employees have not to answer messages, answer calls, respond to emails, WhatsApp, etc. outside of your regular working hours or during your annual vacation leave.

There are many countries that are applying different regulations to regulate the use of telecommunication technologies, in order to respect the rest time of workers.

The first country to recognize this right was France in 2016 and Spain continues to work on its Teleworking Law since 2020. In Argentina it is contemplated in Law 27,555 when it mentions that the employer cannot require the person who works to carry out tasks, nor send you communications by any means outside of business hours. In Colombia, it is endorsed by Law 2,191, which also clarifies that failure to observe this right may constitute workplace harassment.

In Peru, Supero Decree No. 004/2021-TR, which complements the provisions included in Emergency Decree No. 127-2020, contemplates fines for those who do not comply with the regulations.

Mexico regulates this right in the Federal Labor Law and Chile also supports it in the text where it clarifies that the employer cannot establish communication, nor give orders or request other requirements, when the employee is resting.

Clearly, the benefits of respecting this right are many for the health and well-being of employees, ranging from increased productivity, fewer people with burnout syndrome, reduced anxiety, among others.

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