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Abstract
The Spanish legal system regulates the right to digital disconnection at work, forcing employers to develop, after hearing the legal representatives, an internal policy aimed at workers, including those in managerial positions. The importance of the law in the current framework of labor relations as a guarantee of rest for workers is not in line with the current regulation. And this because it is a concise and lacking development regulation that generates many interpretative doubts, among them, that relating to workers who occupy managerial positions, who, due to the characteristics of their positions, have many difficulties in exercising the right labor. In this context, it is intended to analyze who the legislator refers to with his mention “managerial positions” since, with the current wording, it is not specified whether the right applies to workers with intermediate positions (managers or common directors) or to subject workers to a special senior management employment relationship in accordance with its own regulations, namely, Royal Decree 1382/1985, of August 1.
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(c) IUSLabor. Revista d'anàlisi de Dret del Treball, 2022
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