El derecho a la desconexión laboral. Un derecho emergente en el marco de tecnologías de la información y de la comunicación

Alfredo Sierra, Ignacio Camós

Research output: Contribution to journalArticlepeer-review

Abstract

The article analyzes the recognition of a new right in the field of labor relations: “the right to disconnect”. This right is explained as the connectivity between people by digital means has spread in enterprises as a work tool. This situation is causing a violation of working hours limitations and, thus, upon workers' right to free time. The case being that workers must remain connected to their jobs outside working hours, with all the negative consequences that this entails for their lives, health and family environment. This study examines recent legislation in France -a pioneer country in this regard- and Spain, which has followed the trend of its neighboring country. We will finish with the case of Chile, where, due to the influence of the aforementioned regulations, there is a legal bill that seeks to enshrine said right into law. The methodology used is that of legal science. We studied the legal sources, both statutory, case law and collective agreements, as well as Chilean and comparative doctrine. The results aim to present a conceptual construction of this right, determine the rights and obligations of the parties, and distinguish the cases where it does not apply. The conclusions emphasize the importance of enshrining this right into law, and, also, that it does not only contemplate the right not to answer, but also the prohibition to send messages outside working hours, except for strict exceptions. © 2020 Ariadna Ediciones. All rights reserved.
Original languageSpanish (Chile)
Pages (from-to)1053-1074
JournalIzquierdas
Issue number49
StatePublished - 2020

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