Teleworking and inobservance of the right to disconnect

Abstract

Work aims to determine which types of damage and their respective conse-quences in the event of non-observance of the employee’s right to disconnect. To do so, using the deductive method and with the purpose of establishing the necessary prem-ises, we started from the rules contained in the Federal Constitution of 1988, in the Consolidation of Labor Laws, in the labor legislation of countries such as Chile, France and Portugal and, also, of studies developed for the doctrine on the subject. In the end, it was concluded that the non-observance of the right to disconnect gives rise to damage to the material and immaterial patrimony of the worker, who consequently has the right to demand the payment of overtime and an indemnity for the losses suffered.