Understanding The Right to Disconnect in South America: An Overview

The right to disconnect is an increasingly popular concept globally which provides employees the right to disconnect or log off outside of working hours. This initiative seeks to establish clear boundaries between work and home and to help employees main a healthy work-life balance. Below is an overview of how different countries in South America are addressing the right to disconnect.

Brazil

In Brazil, the right to disconnect currently applies to teleworkers, although enforcement is rare. Remote employees contacted outside of work hours may receive one-third of their hourly pay if they engage in work. There is a Bill of Law currently being proposed which seeks to regulate the right to disconnect and expand protections to all employees. If implemented, employers may be obligated to avoid contacting employees outside their working hours by phone, e-mail, or messages, except in cases of urgency.

Colombia

Colombia’s Law 2191 of 2022 ensures the right to disconnect for all employees. Employers must avoid contacting employees outside of work hours, whether by phone, email, or other tools. This law applies across both the public and private sectors, ensuring employees can enjoy their personal time and vacations without work interruptions. This right to disconnect begins once the working day is over and applies to both the public and private sectors.

Peru

In Peru, employers must respect employees' right to disconnect outside of designated work hours. This includes rest days, holidays, and vacation time. Employees are not required to respond to work communications outside their working day unless there is an overtime agreement or an emergency.

For non-regular workers e.g. managers, a minimum disconnection period of 12 hours is required within 24 hours. The right to disconnect does not prohibit the employer from contacting the employee outside of working hours however, the employer cannot require the employee to work outside of working hours unless there is an agreement for overtime work, or in cases of emergency.

Argentina

Argentina implemented the right to disconnect for remote workers in 2021. Employees are not required to respond to work communications outside of their working hours or while on leave. Special protections are in place for employees with caregiving responsibilities, allowing them to request flexible schedules. However, exceptions exist for companies operating across time zones or with urgent operational needs.

Chile

In Chile, the right to disconnect applies only to remote and telework employees who manage their schedules. These employees are not bound by working hour limits and can freely organize their working time. The right does not extend to other types of employees.

Implications For Employers:

• Employers need to stay updated with country-specific regulations to ensure compliance with the right to disconnect.

• Businesses may need to implement internal policies that respect the right to disconnect i.e. adjusting communication methods and protocols for contact outside of working hours.