Analysis and Outlook on the Right to Disconnect in Comparative Law

Abstract

Disconnection from work is a right enshrined in the Colombian legal system that guarantees the uninterrupted rest of workers when they are enjoying their vacations, licenses or permits, Sunday and holiday rest and once their daily workday ends. The regulation of this figure became necessary with the appearance of teleworking, remote work and work at home given that due to virtuality, it was easier for employers to communicate at any time with the worker, regardless of whether they had already finished the working day or was enjoying some type of rest. Hence, Law 2191 of 2022 will regulate the figure of labor disconnection that, under the critical scrutiny of this article, it was possible to observe some legal gaps. On the other hand, an important point that needs to be highlighted is the analysis carried out from comparative law in this research. The methodology is descriptive and documentary. The method is inductive, the data collection technique is through text analysis and the means of information collection is through national and international legal regulations, constitutional jurisprudence and interviews.