January 17th, 2022
New law regulating the right to disconnect from work
  1. Definition and scope 
    1.1.    According to the Law, the right to disconnect from work is the right that all employees have not to have contact, by any means or tools, whether technological or not, for matters related to their field or work activity, after their working hours, and during vacations and breaks. Thus, employers must refrain from giving orders or making requests to their employees after their working hours. 
    1.2.    The right to disconnect begins once the working day is over. However, this right depends on the position’s nature. 
    1.3.    Moreover, in accordance with the Law, any clause or agreement against this right and the purpose of the Law will be ineffective.
     
  2. Non-compliance 
    2.1.    Failure to comply with the right to disconnect from work may be considered as workplace harassment according to Law 1010 of 2006. 
    2.2.    In case of non-compliance with the right to disconnect from work, employees may report this situation to the Labor Inspector.
     
  3. Policy 
    3.1.    All employers must adopt and develop an internal policy regulating the right to disconnect from work, which must define at least the following matters: 
    3.1.1.    The way in which this right will be guaranteed and promoted, including guidelines regarding the use of ICTs.
    3.1.2.    A procedure determining the mechanisms and means for employees to file complaints in case of violation of this right, in their own name or anonymously. 
    3.1.3.    An internal procedure for processing complaints that guarantees due process and includes mechanisms for conflict resolution and verification of compliance with the agreements reached by the parties and the end of the behavior.
     
  4. Exceptions 
    4.1.    The following employees and situations are excluded from this Law: 
    4.1.1.    Employees in positions of management and trust. 
    4.1.2.    Employees who due to their positions and duties must have permanent availability (e.g., public force and aid agencies). 
    4.1.3.    Situations of force majeure or fortuitous event in which it is required to fulfill extra collaboration duties when required for the continuity of the service or to solve difficult or urgent situations, provided there are no other viable alternatives.

 

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