Impact of WhatsApp in the Right to Disconnect and Work Time

Abstract

With the arrival of the pandemic and the home-office modality, a change that the labor legislation was not ready to implement occurred. On that wise, there is a phenomenon of hyperconnectivity whose regulation was dealt through the right to disconnection, and which, however, is not respected or judicialized correctly, causing employees to exceed their labor hours without remuneration and directly affecting the right to health and rest of the worker. An ally of this phenomenon is social media, especially WhatsApp, a medium through which the actors of labor relations communicate in a common way and for which, despite its incidence and the danger it constitutes to undermine guaranteed rights in the Constitution and the Labor Code, an obligation has not been created to guarantee disconnection or any other specific legal regulation for the benefit of the worker.