Law 2191 of 2022: Labor Disconnection
Last January 6, 2022, the Congress of the Republic through Law No. 2191 of 2022 ("Labor Disconnection Law"), stated the regulatory guidelines that are binding for all employers and workers. This to continue promoting decent work and the optimization of guarantees for all workers in the country, and to effectively enjoy free time or rest time, leaves, leaves, and/or vacations to reconcile personal, family and work life.
Said guidelines, in the labor field, imply the regulation of Labor Disconnection as a right for the worker and an obligation for the employer.
What is understood by Labor Disconnection?
Disconnection from work is understood as the right of all workers and public servants to have no contact, by any means or tool, whether technological or not, for matters related to their field or work activity, at times outside the ordinary working day or maximum legal working day, or agreed, or during their vacations or breaks.
For its part, the employer shall refrain from issuing orders or other requirements to the employee outside working hours.
Labor Disconnection Policy
Every natural or legal person, whether public or private, shall have the obligation to have an internally regulated work disconnection policy, which shall define at least the following:
The way in which the right to labor disconnection will be guaranteed and exercised.
A procedure that determines the mechanisms and means for workers or employees who consider it to be violated.
An internal procedure for processing complaints that guarantees due process.
Who are under the exceptions of this law?
They are not subject to this law:
Workers and public servants who hold positions of direction, trust and management.
Those who by the nature of the activity or function they perform must have permanent availability, such as public forces and relief agencies.
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.
Who exercises the supervision and control of this right?
The worker or public servant who believes that his or her right to disconnection from work has been violated may bring such situation to the attention of the Labor Inspector or the Attorney General's Office with jurisdiction in the place of the facts.
The complaint must detail the facts and provide at least summary evidence of the same.
Penalty for non-observance of the right to disconnection from the labor market
The non-observance of the right to labor disengagement may constitute a conduct of labor harassment, in the terms and in accordance with the provisions of Law 1010 of 2006 and, therefore, will have the respective sanctions and consequences of that fact.
Other provisions as follows.
- Any clause or agreement that goes against the right to disconnection from work, or impairs the guarantees established therein, will be ineffective.
- The present law became effective as of January 6, 2022.
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