The holidays arrive. A time to enjoy the family, friends and disconnect of the Labor obligations. Anyway, it is not strange that, in some companies and on certain occasions, the company tries to contact us: a pending management, a punctual question or an already agenda meeting can be the reasons. Is our obligation to answer? The Spanish law is clear and root ditch any debate.
The right to digital disconnection
Organic Law 3/2018, of December 5, of Protection of personal data and guarantee of digital rightsestablishes in your Article 88at their first point, the following: “Public workers and employees will have Right to digital disconnection In order to guarantee, outside of the time of legal or conventionally established, the Respect for your rest time, permits and vacationsas well as your personal and family intimacy. “
Personal data protection law and digital rights.
Digital disconnection subject to collective bargaining
Anyway, the second point of the same article adds that “They will be subject to the provisions of collective bargaining or, failing that, agreed between the company and the workers' representatives”. The exercise of this right, insists the article, will enhance “the conciliation of work activity and personal and family life.”
Finally, at the third point of the Article 88 It is specified that the company must prepare a “Internal Policy” To define “The modalities of exercise of the right to disconnection”. This, specifies, will be aimed at the entire workforce, even to the managers and contemplates “actions of Training and sensitization of personnel about the reasonable use of technological tools. “
Also collected in the Workers' Statute
Article 20 of the Statute of Workers.
For its part, the Workers Statute It also includes the right to Digital disconnection. He Article 20 From the aforementioned legal text, the following remarks: “workers have the right to privacy in the use of digital devices made available to the employer, to the Digital disconnection already intimacy against the use of video surveillance and geolocation devices. “
Bill 121/000058
He Bill 121/000058not approved for the moment, to reduce the maximum duration of the ordinary work day and the guarantee of the registration of the day and the Right to disconnection Deepen this: “It is intended to guarantee more effectively the right to disconnection, in order to prevent the development of the benefit outside the agreed schedules can be required, thus respecting the right to rest and the own privacy of working people.”
You can consult the bill 121/000058 here.
This bill, remember, not in force for the momenthe raises Change the current article 20 of the Workers' Statute: insists on issues such as the absence of reprisals by the company if it is not answered outside the day or the impossibility of the employer to communicate when the turn ends. It also specifies that the right to disconnection is inalienable. In collective bargaining, according to this bill, “exceptions to the right to disconnection of working persons may be established when justified exceptional circumstances concur.”
