In Spain, disconnecting from your cell phone or work email after leaving the office is not only a desire of many employees, but also a necessity. A right recognized by law. This is what Francisco Ríos, a law graduate and chief inspector of the National Police, explains, who has also become a reference for the explanations related to legal issues that he shares on his channel on… Tik Tok@Metodorius.
“Are you one of those whose boss writes WhatsApp At eleven at night? Well, look, I want you to know that You have the right not to respond “To your boss,” Rios says in one of his recent videos. This statement falls into an increasingly widespread reality in the context of the digitalization of many companies, where the line between personal and professional life ends up being blurred.
Spanish legislation includes the right to disconnect digitally to ensure that workers’ privacy, leave and rest are not infringed by professional commitments outside designated working hours. Rios himself specifies: “The thing is that Article 88 of the Crianza Data Protection Law Recognizes the right to disconnect from digital communication in the workplace.
According to this same article, employees can protect their personal time outside of work, something that becomes essential in the current conditions of hyperconnectivity. Francisco Ríos expands: “This means that outside of legal or agreed upon working hours, you will have… The right to protect your comfortYour vacations and even your personal and family life.
The law stipulates that this right is not just theoretical, and Francisco explains: “And how will this right be implemented? Well, look, it depends on the nature of the job that you have and it should be like that.” Organizing collective bargaining Or in agreements with workers’ representatives,” explains the chief inspector in his networks, stressing the importance of adapting systems to each sector and activity.
The Basic Law on Data Protection and Guarantee of Digital Rights (LOPDGDD) requires companies to: Define clear internal policies To ensure the exercise of this right. “The company will be obliged to establish an internal policy that clearly defines how to exercise this right and train the workforce in the reasonable use of technology, avoiding so-called computer fatigue,” explains Ríos.
This means that companies must create Restrictions related to the use of digital devices Outside of agreed hours, train employees and managers on the responsible use of email and business messages. Moreover, the law specifically refers to telework, as Ríos explains: “And be careful when working remotely, because at home also you should have the right to disconnect when your working day is over.”
The employer is responsible for ensuring that this right is respected, which is why it cannot impose penalties or dismissal on those who do not respond to communications outside their working hours or during periods of rest and vacation. “Next time you receive an email outside of your work hours, remember this,” asserts Francisco Rios The law protects you You have the right to disconnect from the digital connection.
The purpose of this regulation goes beyond mere convenience, as it seeks to prevent problems related to… Digital fatigue, stress and anxiety Associated with hyperconnectivity. Implementing measures such as blocking notifications or using automated responses helps protect the boundaries between work and personal life. It is essential that digital disconnection policies are agreed with worker representatives and adapted to the specific characteristics of each company.
in spite of Spanish Constitution It does not literally involve cutting off digital connectivity, but it protects rights such as honour, personal and family privacy and personal image, which have been strengthened since 2018 with the entry into force of the Basic Law on the Protection of Data and Guarantee of Digital Rights (LOPDGDD). That’s right It helps all working peopleRegardless of the size of the company or the type of contract, its effective application requires the participation of both management and employees, and adaptation to the technological and organizational changes of the current labor market.