Non-compliance with the right to digital disconnection is confirmed as a valid cause of dismissal

Starting with a resolution issued by the Superior Court of Justice of Madrid, confirms the judgment issued by the Social Court against a worker who, among other breaches, had not respected her superior's right to digital disconnection. This right is recognized in Article 88.1 of Organic Law 3/2018 on the Protection of Personal Data and the Guarantee of Digital Rights (“LoPDGDD”).

The right to digital disconnection consists of respect for employees' rest time after the end of their working day, which is a fundamental element to guarantee respect for private and family life, to improve the reconciliation of personal, family and work life, and to contribute to the optimization of occupational health.

In the specific case, the breach of this right was carried out by the defendant, who was later dismissed for this and other reasons, after repeated calls, emails and messages to her superior during the latter's vacation period, and she was fully aware of her rest. In addition, as an aggravating factor, these calls, emails and messages were made to the superior's personal cell phone.

The right to digital disconnection is a labor right recognized by both workers and employers and, despite being relatively recent, it has been mandatory since its recognition in Spanish legislation. It is now when it seems that its application is actually being put into practice and receiving due importance, based on this type of decision.