Switching off devices is a new concept of the employees’ right in Spain as summer 2019 was the first summer since this right came into force and Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD) came into effect last December.
The right to switch off devices in Spain is the right that employees have to not use any electronic device for professional purposes when on a day off or on holiday. It applies to smartphones, tablets and laptops provided to employees by the company, as well as work email accounts.
Article 88 of this Law in particular establishes that “Public workers and employees shall have the right to switch off devices in order to guarantee that, outside of legal or conventionally established working hours, their time off, leave and holidays are respected, in addition to their personal and family privacy” with the aim of promoting a good work-life balance.
The right to switch off devices in Spain covers holidays, days off, maternity or paternity leave, etc. This right begins from the moment the employee finishes the working day until the time the next one starts.
Companies shall have to create internal policies that define, for all their staff, how they are going to implement the right to switch off devices, in addition to “training and awareness” actions to prevent employees from suffering digital fatigue.
The majority of companies have still not created this disconnection policy because the numerous changes resulting from working regulations such as the obligation to keep a daily record of working hours have caused them to not pay enough attention to this obligation. And this can lead to fines.
The right to switch off devices in Spain has benefits such as:
- The employee switching off from work.
- Reducing tension and stress.
- Improving work-life balance.
- Increasing employee motivation.
The right to switch off devices in Spain has benefits for companies such as;
- Improving productivity.
- Increasing the amount of dialogue between employees and employers.
- Increasing the quality of work thanks to staff being well-rested and less stressed.
- Reducing absenteeism.