Digital disconnection reform
Digital disconnection is the constitutional and labour right of every worker not to respond to communications from their workplace (WhatsApp messages, emails, calls, or virtual meetings) once their working day has concluded, as well as during rest periods, holidays, leaves, and licenses.
This reform does not prohibit the use of technology, but rather its abusive use outside of working hours, such as during non-working periods, holidays a series, leaves, and licenses.
How is access to digital disconnection intended to be guaranteed?
By incorporating the respect for this new labour right into employer obligations, in addition to the responsibility of issuing internal policies to regulate it; and although digital disconnection in Mexico was recognised as a labour right with the 2021 teleworking reform, it was included within the chapter that regulated said modality, meaning it is currently only expressly contemplated for those working under the home office scheme.
The reform currently under analysis seeks to extend to all workers the right to refrain from responding to messages or calls outside of working hours, regardless of the modality or type of position, with the main objective of promoting a healthier balance between work, personal, and family life, reducing negative effects such as stress, burnout, and professional exhaustion associated with hyper-connectivity, among other consequences, while protecting worker's personal time.
If you have any questions regarding how to address the requirements derived from these policies, do not hesitate to contact us.