legafy

GP&H Suite

Ciserus

legafy

GP&H Suite

Ciserus

27 Oct

Digital Disconnection

by

Digital disconnection is the right of working people not to answer phone calls or be disconnected from the internet outside of their working day, vacations, days off, mandatory rest and disability. Different groups of mexican legislators have presented initiatives regarding teleworking to the Congress of the Union as a way to give certainty to the modality of the home office.

According to the World OCC, the home office has been valued by workers, however, it has meant a greater workload for them who claim that their working day has been extended, working between 9 and 12 hours a day.

Regulation of teleworking has been accelerated by the pandemic and although some countries have made progress in legislating this modality, Latin America has not made significant progress in promoting a work-life balance for those who work from home.

Spain is one of the countries that has promoted the right to digital disconnection, as established in Article 88 of the Law on Data Protection and Guarantee of Digital Rights:

            Workers and public employees shall have the right to digital disconnection in order to guarantee, outside the legally or conventionally established working time, the

respect for your time of rest, leave and vacation, as well as your privacy

personal and family.

France and Spain are two of the first countries to have legislation in this respect, which serves as a guide for different Latin American countries such as Argentina, which are looking for a solid response to the new normality.

After the recognition of the health crisis generated by the Covid-19 and the increase in digital “consumption”, it is necessary to adopt measures to guarantee digital disconnection, with the right not to receive calls, whatsapp, e-mails or videoconferences outside the agreed hours. These training and awareness actions on a reasonable use of the technological tools will avoid the risk of computer fatigue and excess information.

Génesis Moyeda Salazar

Gloria Ponce de León & Hernández

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