“Labor Disconnection Law” Project

Under this project, the employer must guarantee that the worker or public servant can effectively and fully enjoy rest time, leaves, leaves of absence, vacations and personal and family life, and shall have the obligation to have a work disconnection policy of internal regulation and in consensus with the workers or public servants, which shall define at least:

1. How this right will be guaranteed and exercised, including guidelines for the use of information and communication technologies (ICTs).
2. A procedure that determines the mechanisms and means for workers or public servants to file complaints regarding the violation of the right, in their own name or anonymously.
3. An internal procedure for the processing of complaints that guarantees due process and includes mechanisms for conflict resolution and verification of compliance with the agreements reached and the cessation of the conduct.

It also regulates the exceptions, i.e., the subjects to which the provisions of this law do not apply, which are:

1. Workers and public servants who hold positions of direction, trust and management;
2. Those who by the nature of the activity or function they perform must have a permanent availability, among them, the public force and relief agencies;
3. Situations of force majeure or fortuitous event, in which it is required to fulfill extra duties of collaboration with the company or institution, when necessary for the continuity of the service or to solve difficult or urgent situations in the operation of the company or institution, provided that the non-existence of another viable alternative is justified.

Finally, it is important to reiterate that the text is still under conciliation, so that what is indicated here may be subject to modifications and its enforceability will be subject to the corresponding presidential sanction.