Spanish regulations on teleworking and the right to digital disconnection

Abstract

The implementation of teleworking in the Spanish labor landscape, driven by digitalization, presents significant legal challenges. These center on balancing companies' control powers with the protection of workers' fundamental rights, such as privacy, rest, and the right to digital disconnection. Teleworking is also linked to work-life balance, as outlined in Article 34.8 of the Workers' Statute and Law 10/2021. However, case law shows varying criteria, reflecting the complexity of these situations. The right to digital disconnection is a crucial pillar, allowing employees not to be contacted outside of working hours. This right, protected by Article 18.4 of the Constitution, Organic Law 3/2018, and Article 20.bis of the Workers' Statute, requires more detailed regulation and a corporate culture that ensures its effective application.