Palma employee fired for failing to respect employees’ right to digital disconnection.

The employee violated these rights by constantly contacting his superior, who was on vacation. She constantly sent WhatsApp messages, called and emailed her superior’s private phone to express her dissatisfaction with the way the company was handling a dispute with another colleague. Despite her boss telling her to stop communicating, she persisted and questioned management’s actions. The reason for her dismissal was the violation of the right to digital disconnection, regulated by Organic Law 3/2018, of 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 officials have the right to digital disconnection to guarantee respect for their rest, vacations, holidays and personal and family privacy outside of the legally or conventionally established working day.»