Derecho a la desconexión digital en la negociación colectiva, los Planes de Igualdad y los Protocolos empresariales

Abstract

In the present study, the legal configuration of the right to digital disconnection is firstly analyzed, and then the involved business experiences are evaluated, both those prior to the entry into force of the LOPDGDD, and those since the approval, in order to promote the effective disconnection of workers. There are still very few conventional instruments that rigorously delimit the elements that identify this figure, as well as the substantive and procedural aspects governing the exercise of this right. A large number of the analyzed collective agreements and equality plans are characterized by means of ritual and repetitive formulas; however, some of them specify the «the modalities for the exercise» of the right in accordance with the particularities of the production sector or the company in question, which is undoubtedly a suitable starting point.