Again with right to digital disconnection: effectiveness and current guarantees

Abstract

 Through this study we try to reconstruct and analyze the legal regime of the right to digital disconnection from his weak regulation and the preceding doc­trinal contributions. Our position starts from the thesis that, although the work of the legislator has not been impeccable, the regulation still has an interpretati­ve margin from which its effectiveness can be claimed to guarantee the protec­tion of embedded labor rights.

Finally, we incorporate a brief approach to disconnection in relation to telewor­king, given its greater implementation since the beginning of the COVID-19 crisis.