Aplicabilidad del derecho a la desconexión laboral en Colombia : un análisis comparado respecto de la naturaleza jurídica del derecho a la desconexión en Europa y América Latina, y su novedad como derecho autónomo en el ordenamiento jurídico colombiano

Abstract

In 2016, France created a labor right whose purpose was intended to guarantee workers the possibility of disconnecting from their digital devices, at times outside their working day, so that their personal lives would not continue to be interrupted by work matters; a situation increasingly possible thanks to the digitization of work and the constant influence of information and communication technologies. The right was called the "right to disconnect", and since its creation in France, many countries have integrated it into their legal systems as an autonomous right. Colombia joined the list of countries to adopt it, through the issuance of Law 2191 of 2022. The purpose of this paper is to study, analyze and describe the concept of labor disconnection in some European and Latin American countries and particularly in Colombia, as well as to specify its legal nature, the theoretical and conceptual delimitation and its effects, in order to determine whether in Colombia the right to labor disconnection constitutes a legislative novelty different from the rights and guarantees already existing in the legal system, or whether on the contrary it is an isolated right, with its own legal consequences that materialize changes in the dynamics between employers and workers.