A couple of months ago, I received a call from the director of a software house in Palermo, who was quite restless. Three developers had created a parallel WhatsApp group and had provided the law firm with screenshots of messages from their technical leads asking for things at eleven at night, on Saturday afternoons, and, in one case, during one of their vacations. The formal legal notice was sent the following Monday. They were claiming retroactive overtime for two years, moral damages, and recognition of "work on call". The director asked me something that made me doubt how many people really understand the law: "But wasn't this just a recommendation? Is it really enforceable?". The answer is yes. It is in Article 5 of Law 27.555. And Argentine judges are already applying it with concrete economic consequences. Here I explain what the right to digital disconnection in Argentina is all about, what real obligations it creates for you as an employer, and how to implement it so you don't end up paying two years of overtime.
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Boletín · Legal
Right to digital disconnection in Argentina (Law 27.555): what it requires of the employer and how to implement it without risk
What Art. 5 of Law 27.555 says about the right to digital disconnection in Argentina. Exceptions, how it is implemented through internal policies and tool configuration, and the risk of overtime if the worker proves they were "on call" outside of working hours.
June 5, 202614 min de lectura read
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