ADVANCES IN TECHNOLOGY AT WORK: THE RIGHT TO DISCONNECT IN FRONT OF SOCIAL PROTECTION

Abstract

This article's main objective is to study technological advances in the workplace and how the use of computerized devices for work causes direct harm to workers on their journey due to lack of disconnection. It is a theoretical-normative study, based on doctrine and the relevant set of regulations that considered the unprecedented use of technology and communication equipment in an exponential way. The progress of labor uberization makes it possible for workers to connect with their work in an integral way. In view of this, it is necessary to approach the reality that threatens one of the primordial rights of labor law: the limitation of working hours. The worker has the guaranteed right to disconnect, that is, not to be available to his employer at any time. In this way, having the use of law compared with French legislation, we have the analysis of when computerized advances do not observe the social labor rights of workers that are enshrined in the Federal Constitution in its articles 6 and 7, not establishing the constitutional limit working hours, which directly affects the social protection of these workers.