You are going on vacation but “just in case I’m on mobile” You said you left before you left work. And of course they come back to you. But even if you say that it’s illegal for your boss to call you Requiring your service while outside of your program is illegal under Spanish Law.

we don’t say Articles 88 to 91 of the Law on the Protection of Personal Data and Guaranteeing Digital Rights (LOPD-GDD) say so It entered into force in 2018. And it’s true: If you care about your work, you won’t be disconnected. And if they don’t let you disconnect, you won’t rest and it will hurt you.

An average of three hours and forty minutes a day using a mobile phone

In 2022, the second Digital Consumer by Generation report prepared by the Smartme Analytics data collection platform, among its conclusions, Spain’s Using a mobile phone for an average of 3 hours and 40 minutes a dayThe Z generation, between the ages of 18-24, who spends the most time in this activity, an average of 4 hours and 15 minutes per day.

An interesting fact was the increase in usage across the 25+ demographic:

• A 10.2% Between the ages of ‘Young Generation Y’ 24 and 34 years
• A 10.8% In the ‘Old Generation Y’, between the ages of 34 and 44 years
• A 10.7% between Over 45 years old.

From all apps, tools and web pages and services, What’s up with 96%Gmail and Calls Noting that the use of these applications has intensified in the last six months, he pioneered the ranking in the report.

The first mistake made when going on vacation is to be understanding if we need help at work because they will surely let you know that something is up. But even that is not legal.

The right not to be disturbed during rest hours or holidays

If you’re on vacation and the boss calls you, or calls you after work and/or while you’re at home, you should know that this is illegal in the eyes of the Laws in Spain.. According to the website of legal experts Cysae.com, the source of the digital disconnection right is the French “Loi du Travail” dated August 8, 2016, which came into effect on January 1, 2017.

his target “to guarantee the right to rest, the reconciliation of personal and family life, and to prevent health risks for workers“. And the Organic Law on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD) of 2018 includes this digital right for employees.

Items 88 to 91 contain assumptions and statements. Specifically, three articles of Article 88 clearly state this:

one- Workers and public servants will have the right to digital disconnect, outside of legal or customary working hours, to guarantee their rest, leave and vacation time, as well as respect for their personal and family privacy.

2- The methods of exercising this right shall be in accordance with the nature and purpose of the employment relationship, support the right to reconcile work activity and personal and family life, and as determined in the collective agreement or, by default, agreed between representatives of the company and workers.

3- The employer, after listening to the workers’ representatives, will prepare an internal policy for workers, including those in management positions, in which they will define the methods of exercising their right to leave and the training and awareness-raising actions of the staff. on judicious use of technological tools that prevent the risk of computer fatigue. Especially, The right to digital disconnection will be preserved in cases where the employee is employed at home due to the full or partial remote work and the use of technological tools for business purposes.

It is precisely at this point 3 where we find part of the problem, because we are talking about collective agreements, companies that must create these internal policies for workers, employers that must create regulation targeting workers. Ensure that workers on vacation are not disturbed. Not even those who work but outside working hours.

But the question this raises is: how many companies, entrepreneurs and companies in Spain complied with the Law and created these internal policies and How many people ignore the established in LOPD-GDD today?

via | BOE-A-2018-16673

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