Publicación: El derecho a la desconexión laboral y su regulación en la legislación colombiana
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The right to work disconnection is a legal figure that aims to preserve the rest of the workers in the face of the excessive use of information and communication technologies (ICT) by the employer in the labor relationship, being this a labor right of little trajectory that marked a legal milestone in the French legislation, if it is approached from its object, it is possible to raise that although it lacks express regulation in the Colombian legislation, In practice, there was already an implicit normative and even more jurisprudential support that addresses the protection and guarantee of rest and other related rights that this dignifies in the face of any type of violation from the perspective of labor disconnection. It is precisely the latter that motivates and is addressed as the object of this research, through a qualitative descriptive approach, Taking up exclusively digital or printed documentary research material from which historical facts were extracted that erected the right to rest of the worker, as well as O.I.T treaties in relation to the right to rest and the legal development of the right to labor disconnection in countries of Europe and America, this finally led us to determine that in Colombia according to our constitution and what was said by the high courts, The right to rest is part of the dignified and fair conditions of the worker that the state is obliged to guarantee by constitutional mandate. Therefore, in the face of any type of violation that is carried out without regard to the means or mode, the worker can demand its protection and guarantee through the jurisdictional apparatus, including by means of protection if this violation meets the criteria of immediacy and subsidiarity, even if in Colombia the right to work disconnection is not regulated or discussed.