On July 7, 2022, the Labor Directorate issued Opinion No. 1162/24, ruling on the possibility that workers who provide services under the modality of teleworking and who are excluded from limitation of working hours, can send emails at any time, including holidays, considering the right to disconnection established in Article 152 quater J of the Labor Code. Specifically, this pronouncement states the following:

1. Workers are not obligated to send communications to their employer during the period of disconnection, in order to keep their work up to date.

2. In view of the unwaivable nature of the right to disconnection, the protection provided by the legislator is broad, being a period of time in which workers will not be obliged to respond to communications, orders or other requirements of the employer.

3. The right to disconnection guarantees that the worker does not have to deal with other aspects of the employment relationship, such as keeping alert to notices, notifications or even sending communications, even though these do not respond to an immediate request from the employer.

4. It is not in accordance with the law for workers to send emails during the time of disconnection in order to comply with the obligations inherent to the provision of services, considering the inalienable nature of this right.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl), and/or Felipe Ovalle (fovalle@jdf.cl).