Dret a la desconnexió o obligació empresarial de desconnexió remota? Reptes legislatius des de la perspectiva laboral

The article draws on the premise that work in a digital environment does not modify the nature of the employment relation. From this perspective, it argues some of the reasons why flexibility cannot be considered an inherent characteristic of work with ICT devices. The right to disconnect is aimed at granting workers’ rest and flexibility at the same time but in so doing, it alters the correlation of rights and duties pertaining to the work contract, making its objective ineffective.
Based on the idea that legislative measures on disconnection should maintain the foundations of the employment relation, the article uses a potential employer’s obligation of remote disconnection as a case study in order to identify the most significant challenges ahead. The purpose is to advance relevant factors that regulation might address.