Argentina: The Right to Disconnect Q&A

The “right to disconnect”, or the ability of workers to disconnect from work-related communications and activities outside their normal working hours, has become a pressing issue following the COVID-19 pandemic and the widespread shift to remote and flexible working. While some workers may appreciate the increased autonomy and flexibility that remote working offers, others may face challenges in maintaining a healthy work-life balance, managing expectations and boundaries, and avoiding burnout and stress.

There are various approaches to the right to disconnect across jurisdictions. For example, while some jurisdictions rely on codes of practice, others address the right to disconnect via legislation, or restrict the right to teleworkers/remote workers only.

With different jurisdictions adopting or considering various legal and policy responses to address the right to disconnect, the below provides an overview of the current position in Argentina.

This Q&A is part of a series providing an overview of the current position and developments in 15 countries, highlighting the main challenges, opportunities, and best practices for employers and employees. This series includes contributions from Mayer Brown’s Employment & Benefits team and local counsel.

1. Is there a right to disconnect in your jurisdiction and, if so, when did it come into force?

There is a right to disconnect that came into force on April 1, 2021, for employees that work remotely. It ensures that employees cannot be made to engage in working tasks or receive work communications outside their working hours established in the employment agreement.

2. Is the right governed by legislation, a code of practice or both?

The right is governed by legislation: Law 27,555 (section 5).

3. Do all employees have a right to disconnect?

Yes, all employees are entitled to disconnect, regardless of their position or seniority in the company. The right to disconnect aims to guarantee that employees can enjoy their free time without any work obligations and without fearing negative consequences.

4. Are all employers obliged to provide the right to disconnect?

Yes, all employers are obliged to provide the right to disconnect to their employees since it is required by law.

5. What are the obligations on the employer?

Employers must respect this right by not requiring employees to perform tasks, and by not sending communications by any means to employees, outside working hours. Employers must not subject employees to any kind of penalty for not answering outside working hours. However, when the activity of the company is carried out in different time zones or in cases in which it is indispensable for some objective reason, it is permitted to send communications outside the working day. In all cases, the employee will not be required to reply until the start of their working day, except in cases of danger, accident or imminent force majeure.

6. What happens if an employer fails to comply with its obligations?

If an employer fails to comply with its obligation, the employee may send a legal notification requesting that the employer adjust their actions to comply with the regulation. Nevertheless, it is important to highlight that, even if the employer sends notifications outside working hours, the employee has no obligation to answer until the beginning of their working day.

7. Have there been any reported cases on the right to disconnect?

There have not been any reported cases since the law came into force.

8. What are the benefits and challenges of the right to disconnect in practice?

The benefits are that it increases trust and communication between employers and employees, decreases absenteeism, improves the reputation of companies, positively influences the mood of employees and their commitment to the company, impacts in increasing the productivity, and reduces indirect costs (i.e., connectivity expenses, electricity bill, etc.).

It also promotes the physical and psychological recovery of employees, reduces work-related stress, and reduces the feeling of isolation by allowing time for other activities and promotes connection with other aspects of life.

Certain challenges that employers should prepare for include maintaining productivity, legal compliance, defining work-related communications across teams, shifting the company culture, adapting to individual expectations, maintaining workday flexibility, and overcoming employee resistance to stop working outside working hours, as this has been the norm for decades.

9. Has the right to disconnect had a significant impact on the workplace since it came into force?

Yes. In many workplaces, the right to disconnect has not been well implemented yet, but in those where it has, it has had a significant and positive impact on employees' mood, productivity and mental health.

10. Are there any changes on the horizon relating to the right to disconnect in your jurisdiction?

As of today, there have not been any proposals to change the regulation.

AUTHORS FROM MBB ABOGADOS
Mercedes Balado Bevilacqua, Partner
Fiamma Fabbro, Associate