Teleworking and the right to disconnect in home office in pandemic times

Abstract

The present article has as its scope the analysis of teleworking and the right to disconnect in home office during pandemic times. Through a deductive method, it has as specific objectives the conceptualization and explanation of teleworking, in comparison with home office, being the latter a type of the former. It describes the right to disconnect, regarding personality rights during pandemic. In addition, it analyzes the non-observance of the right to disconnect derived from the excess of work and demands by the employer, including outside working hours. Subsequently, it emphasizes the fine line between demand and excessive demand by the employer, that makes unviable the effective rest to the worker. Furthermore, it examines existential damage, that not only implies an offense to rights to health, leisure, and education, but also deprives the worker of family and social life or at least damages it. In conclusion, it underlines the impact of home office on workers regarding the right to disconnect.