The “right” to disconnection with special emphasis in the Uruguayan legal system

Abstract

The “right” to the disconnection is a statement built from the dogmatic point of view, rather than normative. In fact, there are few legal systems that have enshrined a “right” to disconnection. In addition, disconnection has a close link with working time, rest time, health and safety at work, as well as influencing the so-called conciliation between private or personal life and work. That is why it is necessary to analyze whether there is a need for the consecration of this right as an autonomous category, or if, on the contrary, its legal content and limits -deleted dogmatically- are found in classic institutes in terms of working time.
Furthermore, it would be unrealistic to stop considering the necessary link between this issue and the stability regime of each regulatory system. In the case of Uruguay, it is worth asking: how useful is the consecration of a “right” to disconnection, if in the end the employer can fire freely? In short, is it not time to bring a rethink about the poor health of the right to work in Uruguay, and thus seek better protection in employment?.