Employers will have to put in place specific
arrangements to protect employees' right to disconnect, or face
financial penalties.
A new law with a major impact on employers is about to come into
force: the law on the right to disconnect (the
"Law"). Its source,Bill of
law 7890_, was exempted from a second constitutional
vote on 20 June 2023. Below is an overview of what employers can
expect.
1. What is the right to disconnect?
The right to disconnect (or the right to switch off) is a
concept that aims to protect employees by guaranteeing them the
right not to be constantly available or contacted outside their
working hours.
Although the right to disconnect can be seen as deriving
indirectly from the provisions of the Labour Code (regarding
working hours and the right to health and safety), the Law was
drawn up to regularise the situation and ensure that employees who
use digital devices for work purposes enjoy a better work-life
balance.