On 6 January 2022 the Congress of the Republic enacted Law 2191, which aims to create, regulate and promote the labor disconnection of workers, in order to guarantee the effective enjoyment of free time and rest times, licenses, leaves and/or vacations to reconcile personal, family and work life.
Among others, the Law:
- Defines the right to work disconnection as that which “all workers and public servants have, to not have contact, by any means or tool, whether technological or not, for matters related to their work environment or activity, at times outside the ordinary working schedule or maximum legal working schedule, or the one agreed, nor in their vacations or breaks”.
- States that workers and public servers shall have the right to disconnect from work, which begins once the working schedule is over.
- Establishes that any clause or agreement that goes against the purpose of the law or impairs the guarantees regulated therein is ineffective. Likewise, failure to comply with the right to disconnect from work may constitute a conduct of labor harassment, in the terms and in accordance with the provisions of Law 1010 of 2006.
- Instructs all employers to implement an internally regulated labor disconnection policy, which must contain, at least, the aspects regulated in the Law.
- Establishes that are exempted from the provisions of the Law:
- Workers and public servers who hold positions of direction, trust and management
- Workers who, due to the nature of the activity or function they perform, must have a permanent availability (public force and relief agencies)
- Those situations of force majeure or fortuitous event, in which it is required to fulfill extra duties of collaboration with the company, when they are necessary for the continuity of the service or to solve difficult or urgent situations in the operation of the company, as long as it is justified that there is no other viable alternative
To take into account: Although the Law establishes the exceptions previously mentioned, it is important that employers guarantee all their employees, without exception and regardless of the type of personnel, an effective rest. Excessive workload or constant interruption of rest may constitute workplace harassment. Employers can avoid occupational diseases, work accidents or eventual claims for employer’s fault in occupational diseases and work accidents when employees have a real rest.
Validity of the measures
The Law is effective as of the date of its enactment.
Click here to download the Spanish version.