What is the right-to-disconnect?
Teleworking, popularised by the confinement, is often followed by timetables that are extended to ungodly hours and that do not always clearly delineate between work and personal life. The law sets out workers’ rights and businesses’ obligations, but can we really switch off?
The European Parliament claims that the right-to-disconnect should be a fundamental right of the European Union (EU), and so it specifies in a resolution passed on 21 January. At the national level, this right is included in article 88 of Organic Law 3/2018 on Data Protection and Guarantee of Digital Rights, in article 20 bis of the Workers’ Statute, and also in article 18 of Royal Decree-Law 28/2020 on remote work.
It is worth remembering that remote workers have the same rights as on-site workers, and that the businesses’ working hours and flexibility may depend on what is established in collective bargaining, although this regulation is designed so that we are not obliged to respond to work-related emails, calls or instant messaging during our rest time or holiday period.
On the other hand, businesses have the obligation to keep a record of worked hours, regardless of their size, and to guarantee the exercise of this right through an internal policy and protocols that establish the guidelines to be followed by the entire workforce. Find out how to protect your right-to-disconnect in the video below!
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