The obligation of digital reconnection by the worker and its close imbrication in mental health

Abstract

Echo of the French legislation that was a pioneer worldwide in the regulation of the right to digital disconnection at work, the right arose in Spain at the end of 2018 in order to guarantee that the worker does not suffer interference in his right to rest through digital devices. Although the right to rest already exists in Spain since before this specific regulation, its emergence has been due to the unstoppable advance of Information and Communication Technologies (ICT) at work. Thus, the effects from safety and health at work are evident due to excessive use of e-mail, mobile phones or instant messages via WhatsApp. Even more so when, as will be analyzed in this paper, labor law is not absolute, so it may be invalidated in urgent and urgently needed situations, justified by the company. Under these circumstances, employees, in their break time, have to digitally reconnect with the company, which entails an extension of the working day and, therefore, greater probabilities of damages derived from these work benefits may arise. In digital terms, emphasis must be placed on occupational risks of a psychosocial and ergonomic nature.