Contribution to the study on the ‘right to disconnect’ from work. Are France and Spain examples for other countries and EU law?

Loïc Lerouge (1) , Francisco Trujillo Pons

1 COMPTRASEC - Centre de droit comparé du travail et de la sécurité sociale

France and Spain were pioneer countries in regulating the right to ‘disconnect from work’. Indeed, this right has been recognised in these countries since 2016 and 2017 within the framework of the right to privacy in respect to the use of digital devices in the workplace. In accordance with the law, employees are protected if they do not use their digital devices (computer, mobile phone, tablet, smart watch, etc.) during periods of rest, thereby, ensuring that their right to rest is enshrined within the regulations of their country; especially in light of the Working Time Directive 2003/88/EC. Therefore, from an analysis of French and Spanish legislation, the aim is to suggest pathways that could enable other countries to better regulate the right to disconnect, but also to develop EU law on the subject.

Domaines: Droit

Loïc Lerouge, Francisco Trujillo Pons. Contribution to the study on the ‘right to disconnect’ from work. Are France and Spain examples for other countries and EU law?. European labour law journal, 2022, ⟨10.1177/20319525221105102⟩. ⟨halshs-03697415⟩