LABOR DISCONNECTION (Law 2191/2022)
WHAT IS LABOR DISCONNECTION?
Is the right that all employees and public officials have not to be contacted, by any means or tool (technological or not), for labor matters, at times outside the working shift, vacations or breaks.
TO WHOM DOES IT NOT APPLY?
The following are excepted from the labor disconnection
- Employees and public officials who hold management and trust positions.
- Those who, due to the nature of the activity, must have permanent availability, such as the public force and relief agencies.
- Force majeure events or fortuitous events, in which it is required to fulfill extra collaboration duties, as long as it does not exist another viable alternative.
WHAT OBLIGATIONS ARISE WITH THIS LAW?
- Employer must refrain from formulating orders or other requirements outside of the working shift.
- Employers must develop a job disconnection policy.
WHAT ARE THE CONSEQUENCES OF NON-OBSERVANCE?
- It may be considered as a labor harassment conduct.
- Employees may notify the Labor Inspector of the complaint and the Inspector shall preventively order the employer to carry out its internal procedure for processing said complaints.
Authors: Rafael Abuchaibe I [email protected] I Labor Law / Angélica Pico I [email protected] I Labor Law
