Mental Health, Psychosocial Risks, and the Right to Digital Disconnection from Work: The Role of Collective Bargaining with a Focus on Spanish Social Dialogue

The right to digital disconnection from work refers to the right of employees not to receive or reply to work-related emails, calls or messages outside of normal working hours. Advances in technology and mobile devices enable employees in an increasing number of occupations to work anywhere, anytime. While this flexible approach to work has its benefits, it also carries the risk of eroding the barriers between work and private life. A further issue is the potential negative impact on the mental health of employees. For this reason, and due to the increase in connectivity and teleworking due to COVID-19, various political and social institutions, concerned about mental health in the digital world of work, are addressing the regulation of the right to disconnection. In particular, the proposal for a Directive by the European Parliament on the right to digital disconnection [2019/2181(INL)] is intended to encourage national legislators to safeguard the right of workers to digital disconnection. In connection with this proposal, even in those countries that have adopted a specific regulation on this matter, the social partners are called on to play a leading role to deal with the psychosocial risks arising from the permanent connection to work. In Spain, although this right is laid down in Organic Law 3/2018 (on the protection of personal data and digital rights), the protection granted to workers seems insufficient. For this reason, particular attention should be paid to initiatives such as the Fifth Agreement on Employment and Collective Bargaining (V AECB), that includes a specific chapter on the right to digital disconnection.