Bill 647.

Summary.

The bill adds a duty concerning the right to disconnect from work related digital communications to Article 128 of the Labor Code (Código de Trabajo). Employers would have to take reasonable measures to ensure respect for that right, including internal policies on the use of digital communication tools outside working hours. They would also have to refrain from requiring, requesting, or expecting immediate responses outside working hours, except in cases exempted by law. The proposed duty therefore addresses both the measures employers must put in place and how they communicate with workers after working hours.

The provision allows work related communications in cases of emergency, force majeure, imminent risk, or exceptional situations requiring attention. It also allows them when the nature of a position calls for special availability duly agreed upon in accordance with the law. If a worker performs services outside ordinary working hours, the time worked must be counted under the Labor Code provisions on overtime. The bill thus connects communications outside working hours with work actually performed, while applying the existing rules on overtime to that work.

Proposed Article 168-A of the Labor Code recognizes every worker’s right to disconnect from work related digital communications. It defines that right as the right not to attend to communications, orders, instructions, requests, calls, messages, emails, or any other digital or technological means related to the worker’s duties outside ordinary working hours. The protection also applies during rest periods, vacations, leaves of absence, periods of incapacity, and mandatory rest days. The listed forms of contact cover requests for a response as well as work instructions and other communications made through those means.

Exercising the right may not result in sanctions, reprisals, wage deductions, or adverse effects on performance evaluations. Nor may it result in any measure that harms a worker’s job security or working conditions. The bill thereby protects workers against employment consequences arising from their decision not to attend to communications covered by the right to disconnect. Article 3 reiterates that the proposed additions to the Labor Code are paragraph 31 of Article 128 and Article 168-A. Article 4 provides that the law would take effect upon its promulgation.

The bill concerns employers and workers subject to the Labor Code, including positions for which special availability has been duly agreed. Its provisions may be relevant to economic and social sectors that use digital or technological tools to organize work, communicate instructions, or contact workers outside ordinary working hours.