This study is a contribution to the debate on disconnection, which has arisen from the need to modernize and reaffirm traditional guarantees – such as the right to adequate rest and leisure – in the aftermath of the digitalization of work, specifically through regulating the use of information and communication technologies in the professional sphere. Given that, while trying to meet the demands of readiness and ubiquity of a competitive new global market, and as digital work tools surpass any barriers of time and space, they have proven to be a means of invading the employee's privacy and resting periods, disregarding their humanity and well-being. Thus, passing through an essential conceptual framework and exploring different solutions expressly established or proposed, not only among us but in the European Union, we focus on the unique approach of the Portuguese legal order, which provides disconnection from the employer's perspective, a duty to refrain from contacting employees out of ‘office hours’. From here, we discuss on its necessity (and essentiality) – as a mean to ensure fundamental principles of Labour Law such as balancing professional and personal lives and promoting occupational health and safety – and debate its effectiveness through the analysis of what has been well achieved, including on a comparative level, and what is lacking, while attempting to answer those doubts that prevail and unravel improved means to ensure its compliance.
Date of Award | 17 Jul 2024 |
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Original language | Portuguese |
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Awarding Institution | - Universidade Católica Portuguesa
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Supervisor | Catarina de Oliveira Carvalho (Supervisor) |
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- Disconnection
- Refrain from contact
- Working time/resting time
- Right to rest
- Digitalization
- ICT
- Work-life balance
- Occupational safety health
O dever de abstenção de contacto do artigo 199.º-A do código do trabalho: da necessidade (d)e efetividade
Pereira, A. M. D. C. A. E. M. (Student). 17 Jul 2024
Student thesis: Master's Thesis