Organic Law 3/2018 on the protection of personal data incorporated the right to "digital disconnection" into the Workers' Statute, which entails a series of obligations for companies.
The right to digital disconnection outside of working hours is conceptualized as a limitation on the use of communication technologies to guarantee rest and vacation time for workers.
Organic Law 3/2018, on the protection of personal data, incorporated a new article 20 bis into the Workers' Statute: the right of workers to “digital disconnection”, a right that entails an obligation for the company to establish an internal policy that guarantees it.
The ultimate purpose is that the technological means that the company uses and makes available to workers do not imply an extension of their working day when they leave their workplace. That is, that the company respects the rest times between shifts, the weekly rest and vacations. And also that the worker can effectively reconcile his work with his personal and family life.
The new text establishes the right of workers to digital disconnection in the workplace, in the following terms:
1. Public workers and employees shall have the right to digital disconnection in order to guarantee, outside of legally or conventionally established work time, respect for their rest time, permits and vacations, as well as their personal and family privacy.
2. The modalities of exercising this right will attend to the nature and purpose of the employment relationship, will promote the right to reconcile work activity and personal and family life and will be subject to what is established in collective bargaining or, in its default, as agreed between the company and the workers' representatives.
3. The employer, after hearing the representatives of the workers, will draw up an internal policy addressed to workers, including those who hold managerial positions, in which they will define the modalities of exercising the right to disconnection and the training and awareness actions. of staff on a reasonable use of technological tools that avoids the risk of computer fatigue. In particular, the right to digital disconnection will be preserved in the event of total or partial completion of remote work as well as at the employee's home linked to the use of technological tools for work purposes.
Both in this case and in the case of recording working hours, the important thing is that companies make a prior diagnosis that analyzes their real situation and, from there, combine the new legal obligations with the flexibility formulas in the management of working time that legal regulations and agreements offer to facilitate a productive use of effective working time.
In any case, it depends a lot on the availability requirements required by the work carried out by the company and other unique aspects, so if you have any questions, you can consult our experts in labor matters, at our offices at C/Constitución nº24 de Cieza, or through the form.