Workers’ right to digital disconnection

The right to digital disconnection has become an essential element in modern labor relations, especially after the digital transformation of work and the recent reduction of the working week to 37.5 hours. This fundamental right ensures respect for rest time and the protection of workers’ personal and family lives. For companies, this right is not only a legal obligation but also a challenge: how to implement it without affecting productivity? Is your company ready to adapt to this right?

 

What does the law say about digital disconnection?

The right to digital disconnection allows employees to refrain from responding to work-related communications outside their working hours without fear of retaliation. What should companies do? In Spain, the regulation of the right to digital disconnection is based on three fundamental legal pillars.

🔹​ Article 88 of the Organic Law on Data Protection: Establishes workers’ fundamental right to digital disconnection outside legal working hours, ensuring respect for their rest time, leave, and vacations.

🔹 ​ Article 18 of the Remote Work Law: Specifically reinforces this right for remote workers, establishing the employer’s obligation to limit the use of technological means during rest periods.

🔹 ​ Article 20 bis of the Workers’ Statute: Explicitly recognizes the right to digital disconnection as part of workers’ basic rights.

Ultimately, workers are guaranteed the following rights: respect for rest time, vacation time, and protection of personal and family privacy. Additionally, employees are not required to respond to communications outside working hours and should not face penalties for doing so.

 

Challenges of digital disconnection in companies

Many companies face difficulties when implementing digital disconnection.

🔸​ Global availability: In an increasingly connected business world, companies with clients or collaborators in different time zones may find it challenging to establish strict disconnection schedules.

🔸 Culture of immediacy: Many organizations have promoted the idea that constant availability equates to commitment and efficiency. Changing this mindset requires effort from management and a redefinition of expectations.

🔸 Fear of productivity loss: Some managers believe that digital disconnection could slow down communication and reduce efficiency. However, studies show that a well-rested team is more productive and creative.

🔸 Lack of internal regulations: If well-defined policies do not exist, employees may feel uncertain about when they should respond outside of working hours.

 

How to implement digital disconnection in your company

For the effective application of the right to digital disconnection, we recommend the following measures:

🔹​ Create a clear internal policy that regulates connection and disconnection times. Including digital disconnection in contracts and collective agreements or establishing shifts may be an option.

🔹 ​ Use technology to support disconnection. Work schedules should be respected, and communications outside those hours should be avoided. Email servers can be configured to delay email delivery until working hours, or applications that allow automatic responses outside working hours can be used.

🔹 ​ Raise awareness among managers and employees about the importance of complying with these rules. Promoting training sessions and fostering a company culture that respects rest and personal life are effective methods.

🔹 ​ Establish monitoring mechanisms. Regularly evaluate compliance with the digital disconnection policy. Gather employee feedback to improve the strategy. Apply sanctions to those who fail to comply with the regulations.

✅​ Contact our professionals and discover how we can help you meet your obligations and comply with labor regulations without compromising your company’s operations.