The Plenary Chamber of the Constitutional Court resolved the appeal of unconstitutionality filed against Article 6(a) of Law 2191 of 2022, known as the 'Right to Disconnect Law,' which grants employees the right not to engage in work-related activities outside working hours.

Article 6(a) of the Right to Disconnect Law 2191 of 2022 excluded the application of the law to employees in positions of trust, executive or managerial roles, provided that their positions did not fall under the weekly working hours limit.

The plaintiffs claimed that this rule violated the right to work under decent and fair conditions, mainly rest, leisure, reconciliation of family life with work, health, and privacy, and the principle of equal treatment.

In deciding on the compatibility of the rule with the Constitution, the Court stressed that the right to rest is closely linked to the concept of human dignity and the health of workers, as well as the reconciliation of life and work times. Consequently, these guarantees must be extended to all types of employment, regardless of their position, role or assignment.

Employers must guarantee them the right to disconnect according to criteria of necessity and proportionality related to each specific role.

The right to disconnect is now global in scope and is included in the legislation of many countries.

Here, you can find an up-to-date map showing where the right to disconnect has been given express legal recognition.