The Constitutional Court declared the right of labour disconnection as a fundamental right

9 October 2023 1 min read

At a glance

  • The Constitutional Court declared that the right to labour disconnection is a fundamental human right applicable to all employees, including those who perform public functions and those who are in management roles.

The Constitutional Court ruled that it is a violation of the right to work in dignified and fair conditions when employees are denied the right to disconnect. This is applicable to employees and public functionaries. 

This ruling affects aspects such as rest, free time, reconciliation of family and work life, health, and privacy, in addition to contravening the principle of equal treatment.

The Constitutional Court further clarified that that this decision applies to all types of work and implies the guarantee of rest, either daily or weekly, to which every worker has the right.

Although employees at the directive, trust, and management levels are not subject to the statutory working day or the legal limit as established by labour legislation and constitutional jurisprudence, this does not exempt them from the regulation regarding disconnection. This imperative human right has emerged due to technological advancements.