Estudio crítico sobre el derecho a la desconexión digital

Abstract

In this research, it was analyzed the relationship of work incompatibility in our legislation since, on the one hand, the regulation of the ordinary working day according to the Labor Code is eight hours a day (for workers in general), however, according to the Organic Law of Humanitarian Support regarding the right to digital disconnection of the teleworker, it must be twelve hours. In consequence, the employer can contact workers and give them orders beyond the 8 hours of the maximum work day, questioning, in this regard, if there is a difference between the rights of a teleworker and a regular worker, a transversal situation of the problem since people need the right to rest according to what is established in the Constitution. The methodology was developed under a qualitative approach with the use of historical-logical, analytical-synthetic and legal dogmatic methods. The technique was the bibliographic review and the instrument was the literature analysis. In conclusion, the incompatibility between the regulation of the maximum working day of the Labor Code versus the Organic Law of Humanitarian Support regarding the maximum working day of teleworkers was theoretically justified. Additionally, a reform to the Organic Law of Humanitarian Support is recommended to harmonize these two instruments.