EMPLOYEE IN PALMA FIRED FOR NOT RESPECTING DIGITAL DISCONNECTION RIGHT OF HER COWORKERS. 

The employee violated these rights by persistently contacting her supervisor, who was on vacation. She constantly sent WhatsApp messages, made phone calls, and sent emails to her supervisor’s personal phone to express her dissatisfaction with the way an altercation with another colleague was being handled by the company. Despite her supervisor’s requests to stop the communication, she continued to insist and question the management’s actions. The reason that led to her dismissal was the breach of the right to digital disconnection, which is covered under the Organic Law 3/2018, December 5, on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD). According to Article 88.1 of this law, “Employees and public servants have the right to disconnect digitally in order to ensure, outside of legally or conventionally established working hours, respect for their rest time, leave, vacations, as well as personal and family privacy.”