a bill proposing amendments to the Federal Labour Law to secure the right of workers to digital disconnection.

The principal purpose of the bill is to recognize and give effect to the right to digital disconnection, understood as the enforceable entitlement of workers not to respond to communications, instructions or work-related tasks outside their statutory or contractually agreed working hours, without adverse consequences to their employment.

The bill is grounded in the need to prevent abuses arising from hyper-connectivity, to safeguard the mental and emotional health of workers, and to promote a reasonable balance between working life and private life, in accordance with the principles of decent work, social justice and collective well-being. The recognition of the right to digital disconnection does not disregard the characteristics of certain activities or productive sectors; rather, it permits, having regard to the nature of the duties concerned, the establishment of specific arrangements to give practical effect to that right without prejudice to the continuity of services, and always subject to respect for human dignity.

If enacted by Congress, the Bill would amend and supplement Articles 25, 132 and 330-E, and insert a new Article 68 Bis into the Federal Labour Law, to read as follows:

Article 25

The written statement of terms and conditions of employment shall include—

I to X. (…)

XI. An express statement of the worker’s right to digital disconnection, including, where applicable, any periods of availability and the arrangements in place to secure compliance with that right.

Article 68 Bis

  1. Workers shall have the right to digital disconnection, being the right not to respond to communications, instructions, requests or tasks of a work-related nature outside their statutory or contractually agreed working hours, including during periods of rest, annual leave, authorized leave and public holidays, without incurring sanctions, reprisals or detriment to their employment relationship.
  2. The exercise of the right to digital disconnection shall not constitute misconduct, breach of contract, nor grounds for dismissal or for the unilateral variation of terms and conditions of employment.
  3. The law and collective agreements shall provide for such mechanisms as are necessary to secure the effective enjoyment of this right, having regard to the nature of the duties performed and, in all circumstances, respecting the dignity of the worker.

Article 132

The obligations of employers shall include—

I to XXIX. …

XXXIV. to respect the right of workers to digital disconnection and to refrain from requiring or inducing workers to address work-related matters outside their working hours.

XXXV. to establish clear, accessible and verifiable internal policies governing the use of digital tools and ensuring compliance with the right to digital disconnection.

Article 330 E

In the case of teleworking, in addition to the provisions of this Chapter, the following shall apply—

I to VIII. (…)

IX. employers shall secure the right to digital disconnection by clearly defining working hours, respecting rest periods, and prohibiting supervisory mechanisms outside working hours, in accordance with the principles of proportionality, legality and respect for human dignity.