Costa News Spain Breaking News | English News in Spain.
Thanks to the updated legislation, Spanish workers are now better protected against messages related to work that occur outside of normal working hours. According to the Workers’ Statute (Estatuto de los Trabajadores), employers who repeatedly disturb employees beyond their contracted working hours may face significant fines of up to €7,500.
This regulation is based on the principle of “digital disconnect”, a concept that aims to protect employees’ privacy and well-being. The Workers’ Statute, article 20 bis, clearly states that the employees are not required to respond to professional communications such as WhatsApp, phone calls or emails outside their working hours. This legal protection applies to both the private and public sectors in Spain, and is part a larger push for improving the work-life balance. These rights are enforced by labour inspectors, who can also impose sanctions in the event of a breach. Penalties range from €751 for minor offences up to €7,500 for repeated or more severe infractions.
Legal experts state that, although isolated or emergency communication may not lead to penalties, persistent violations such as employers continually contacting staff after hours could have serious consequences. The imposition of fines is governed by the Law on Social Order Infringements and Sanctions.
In addition, companies must respect collective bargaining agreements that increasingly contain specific provisions on the right to disconnect. Businesses are required to adopt internal policies in the absence of agreements to ensure that staff is not pushed into working outside of agreed schedules. There are exceptions to the law, including genuine emergencies and contractual arrangements for on-call service. These must be defined clearly in the contract of employment. Communication outside work hours that is unjustified or routine is not allowed.
In recent months the Spanish courts have strengthened their protections and issued rulings that sided with workers who reported harassment after-hours. A company repeatedly sent WhatsApp messages at night or on weekends to its staff, which resulted in an incredibly high fine and compensation. The Spanish Ministry of Labour confirmed it will continue to monitor workplace digital practices in order to prevent “technological intrusion” into private lives. This is in line with the wider European trend, as many EU countries have already established similar disconnection rights, including France and Portugal.
The regional labour inspections in municipalities like Madrid and Barcelona have seen an increase of employee complaints about violations of the digital disconnection right, especially since remote working has become more popular. COVID-19 has accelerated the home-working culture, blurring in some cases the line between work and personal life. Employers have been urged to develop clear protocols that respect employees’ downtime. This includes shutting down messaging services, scheduling emails which are not urgent for the next working day and educating managers about the risks associated with infringing upon rest periods.
In addition to financial penalties for violating these rights, companies that are found guilty may also suffer reputational damage or have difficulties attracting talent. Recent surveys have revealed that employees today place great value on a work-life balance and will be more likely to apply for jobs in companies that respect their personal time.
The Workers’ Statute, along with the accompanying regulations, marks a major step in modernising Spain’s labour relations. With fines reaching €7,500, the legislation sends a strong message about the importance of respecting personal boundaries in a digitally connected world. Both employees and employers should become more aware of the right to disconnect. They must also ensure that their workplace practices encourage a better balance between work and personal life.
