The remuneration of the availability bonus
The availability of workers must be compensated even if it is not actual working time or overtime because employees must be alert and available if the company contacts them.
The availability bonus rewards being available to the company.
The company cannot unilaterally impose such availability outside of rich people database working hours on its employees. In order to establish availability, the agreement must be modified or a substantial modification of the working conditions must be made .
Right to digital disconnection
General legislation in Spain and case law establish that no worker is obliged to remain at his or her workplace once his or her working day has been completed. Thus, no worker will be obliged to answer telephone calls or emails if there is no prior availability clause regulating such a relationship between employee and company.
The new Organic Law on Data Protection and Guarantee of Digital Rights refers to this new right to digital disconnection in the workplace.
For the first time in Spain, the right of workers not to have to be on their cell phone or computer when they finish their work day is regulated. In addition, the law leaves room for collective bargaining or agreements between companies and unions to regulate the different ways of exercising this right, but the right to reconcile personal and work life must always prevail .