Learn about the new Labor Disconnection Law

On January 6, 2022, the Congress of the Republic of Colombia through Law No. 2191 of January 6, 2022 (Labor disconnection law), expressed itself on the following normative guidelines that are binding on all employers and employees, in order to continue promoting decent work and the optimization of guarantees for all employees in the country, ensuring the effective use of free time, or rest time, leaves, permits, and/or vacations to reconcile personal, family and work life.

These guidelines in the labor field imply the regulation of Labor Disconnection, as a right for the employees and obligation for the employer. 

Here are some general indicators to keep in mind to determine how this new law should be applied in your company.

What is labor disconnection?

It is the right that all employees and public servants have to have no contact, by any means or tool, whether technological or not, for issues related to their work environment, in hours outside the ordinary fay or maximum legal working day, or agreed, or in their vacations or breaks.

For its part, the employer will refrain from making orders or other requirements to the employee outside the working day.

What other obligation arises with this law?

Any natural or legal person, public or private in nature, shall have the obligation to have a policy of disconnection from work of internal regulation and in it he will define at least:

- How the right to disconnect from work will be guaranteed and exercised.

- A procedure that determines the mechanisms and means for employees or servers who consider it violated.

- An internal procedure for the processing of complaints that guarantees due process.

Who is under the exceptions of this law?

- Employees and public servants who hold positions of direction, trust and management.

- Those who, due to the nature of the activity or function they perform, must have permanent availability, such as the public force 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 they are necessary for the continuity of the service.

Who exercises oversight and control of this right?

The employee or public servant who believes that his right to disconnection from work has been violated may bring this situation to the attention of the Labor Inspector or the Attorney General's Office with competence at the scene of the facts. The complaint must detail the facts and carry even summary evidence of them. 

Sanction for ignorance of the right to Labor Disconnection:

Failure to observe the right to disconnect from work may constitute conduct of workplace 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 namely:

- Any clause or agreement that goes against the right in question, or impairs the guarantees established therein, will be ineffective.

- This law begins to take effect from January 6, 2022.