The essay deals with the right to disconnection as the keystone for the protection of the lifetime of people working from the perspective of protection of time for care. Looking back over the institutional documents of a European-wide matrix, and in particular the ‘European Declaration on Digital Rights and Principles for the Digital Decade (2023/C 23/01)’, a broad and structured regulatory framework emerges – precisely in the multilevel dimension – which entrusts the right to disconnection with the function of protecting the goods of the freedom and dignity of persons, as well as health and safety, including in digital workplaces. However, in the absence of full regulation on this point, it is possible to anchor the protection of care time to the existing regulatory framework on working time, on the one hand, and to leave and flexible working arrangements on the other. Moreover, in the Author’s view, the interpretation must aim to preserve a ‘care oriented’ no working time and therefore, also in its hourly location, takes into account the specific needs of workers, waiting for a legislative intervention that acknowledges – explicitly – the right to disconnect the importance of a tool to guarantee the subjective positions of workers.
IL DIRITTO ALLA DISCONNESSIONE E IL TEMPO PER LA CURA: LA DIMENSIONE MULTILEVEL E LE PROSPETTIVE DI TUTELA
Alessia Gabriele
2023-01-01
Abstract
The essay deals with the right to disconnection as the keystone for the protection of the lifetime of people working from the perspective of protection of time for care. Looking back over the institutional documents of a European-wide matrix, and in particular the ‘European Declaration on Digital Rights and Principles for the Digital Decade (2023/C 23/01)’, a broad and structured regulatory framework emerges – precisely in the multilevel dimension – which entrusts the right to disconnection with the function of protecting the goods of the freedom and dignity of persons, as well as health and safety, including in digital workplaces. However, in the absence of full regulation on this point, it is possible to anchor the protection of care time to the existing regulatory framework on working time, on the one hand, and to leave and flexible working arrangements on the other. Moreover, in the Author’s view, the interpretation must aim to preserve a ‘care oriented’ no working time and therefore, also in its hourly location, takes into account the specific needs of workers, waiting for a legislative intervention that acknowledges – explicitly – the right to disconnect the importance of a tool to guarantee the subjective positions of workers.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
