The The digital disconnect It is a recognized right for persons providing services under the teleworking system, which allows for balance between work, personal and family life during working days (according to their schedule), rest, licenses and periods. Termination of employment relationship.
For this reason, employers must guarantee that, during the period of disconnection, workers are not obliged to carry out work-related activities via computers, telecommunications and similar means (internet, telephone, among others); Details such as reviewing communications, responding to orders and requests, Carlos Cadillo, partner at Miranda & Amato.
But still How does the digital divide apply to supervised and unsupervised workers? The expert explains that in the first case, they have an established working day and work schedule, that is, the working days and the starting and ending times when they must perform their duties have already been established.
Also Read: Lewis Winatya: In case of telecommuting accident, the employer is responsible.
The latter, for their part, do not have this definition due to the nature of their activities, as they have the freedom to choose the moment when they do their work and they are not subject to time restrictions. This group includes administrative workers, those under immediate supervision based on working hours, and those who provide intermediate services, he notes.
And, as Cadillo comments, For examinees, daily work was interrupted between the end of a shift and the start of the next, when it was continuous. Now, he says, it is possible for them to split the daily shift as needed; There is a disconnect between the end of each stage or day and the start of the next stage. “In this case, it is established that as a limit they must be cut off for 12 consecutive hours every 24 hours; this may discourage the use of said split shifts”, he maintains.
while, For unsupervised workers, it is established that 12 consecutive hours must be cut off in a 24-hour period. “Although the intention is good, the rule is rigid or impractical; therefore, the range that they can define the opportunity to perform their tasks throughout the day is limited. Also, in general, business needs change, are subject to unforeseen events or may require coordination or needs at different times; with time differences exchange companies abroad or Think about the customers,” he assures.
Also read: Teleworking: Offenses that can create sanctions and even dismissal of the worker
What about overtime?
As for more time, Caudillo notes that supervised workers are allowed to work during periods of disconnection, if there is a prior agreement, or on days off or holidays. “In these cases, realization and payment are regulated by terms of working hours or pay breaks,” he adds.
However, the lawyer says these options are not offered to unsupervised workers, even if the requirements arise.
Finally, he concludes that regarding cases of rigidity created by regulations, it is necessary to evaluate and find alternatives that meet the requirements and guarantee digital disconnection.
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