The High Court of Justice of Galicia does not consider that the right to digital disconnection of an employee who received WhatsApps, outside her working hours, through a WhatsApp group created by the company, has been violated.
The employee worked in a pharmacy and had been on sick leave for depression due to her work situation. According to the employee, the company was writing to her via WhatsApp outside her working hours, demanding an immediate response.
She provided some messages from a WhatsApp group in which all the employees of the pharmacy were present, there were five messages in 15 months.
According to the Spanish Court, the worker has not accredited the violation of the right to digital disconnection. Firstly, because neither party could prove the employee's working hours. Although there were some messages sent after 10pm. Second, because the messages "were not frequent", nor was it of any consequence that she did not reply to those messages. Read more.
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