{"id":22180,"date":"2026-10-13T10:25:06","date_gmt":"2026-10-13T09:25:06","guid":{"rendered":"https:\/\/belzuz.com\/?post_type=publicacion&p=22180"},"modified":"2026-10-13T11:27:23","modified_gmt":"2026-10-13T10:27:23","slug":"digital-disconnection-rights","status":"publish","type":"publicacion","link":"https:\/\/belzuz.com\/en\/publicacion\/digital-disconnection-rights\/","title":{"rendered":"Digital disconnection rights: Can a simple after-hours email create employment liability?"},"content":{"rendered":"

What is the right to disconnect?<\/strong><\/h2>\n

The right to disconnect is the employee’s right not to remain permanently available for work outside their normal working hours.<\/p>\n

In Portugal, the legal framework governing remote work expressly establishes that employers must refrain from contacting employees during their rest periods, except in cases of force majeure. This obligation applies regardless of the communication channel used, including telephone calls, emails, instant messages or any other form of digital communication.<\/p>\n

Although initially associated with remote working arrangements, the underlying principle of digital disconnection has become increasingly relevant across all forms of work organisation, particularly in environments characterised by extensive use of electronic devices and remote communications.<\/p>\n

Why is this issue becoming increasingly important for employers?<\/strong><\/h2>\n

Many organisations have developed, often unintentionally, a culture of constant availability.<\/p>\n

Employees commonly receive communications during evenings, weekends, holidays or other rest periods. In many cases there is no formal expectation of an immediate response. Nevertheless, the mere expectation of permanent availability may create psychological pressure that is incompatible with employees’ right to rest.<\/p>\n

The legal risk arises precisely when such conduct ceases to be occasional and becomes embedded in the organisation’s culture.<\/p>\n

Is an email sent at midnight unlawful?<\/strong><\/h2>\n

Not necessarily. The issue does not lie solely in the isolated sending of a message outside working hours, but rather in the overall context.<\/p>\n

An occasional and genuinely exceptional communication is unlikely to create liability. However, a repeated practice of contacting employees during rest periods, coupled with an expectation of immediate response, may be interpreted as an infringement of employees’ rights.<\/p>\n

For this reason, employers should carefully distinguish between exceptional urgent situations and conduct which effectively normalises employees’ permanent availability.<\/p>\n

What are the risks for employers?<\/strong><\/h2>\n

Failure to respect employees’ rest periods may lead to several employment-related consequences, including:<\/p>\n

    \n
  1. a) Claims for unpaid overtime work;<\/li>\n
  2. b) Breach of statutory minimum rest periods;<\/li>\n
  3. c) Risks associated with mental health and wellbeing;<\/li>\n
  4. d) Increased occupational and psychosocial risks;<\/li>\n
  5. e) Labour inspection proceedings and administrative sanctions; and<\/li>\n
  6. f) Liability for material and non-material damages suffered by employees, particularly when accompanied by allegations of workplace harassment.<\/li>\n<\/ol>\n

    Collective bargaining is reinforcing this trend<\/strong><\/h2>\n

    The growing concern surrounding digital disconnection is not limited to legislation.<\/p>\n

    The Portuguese Labour Code has included specific rules on this matter since 2022, largely because of the extensive remote working experience during the COVID-19 pandemic. In addition, several collective bargaining agreements have started to include specific provisions on remote work, reimbursement of expenses and protection of employees’ rest periods, as well as enhanced guarantees for employees and additional obligations for employers concerning after-hours communications.<\/p>\n

    This clearly demonstrates that the issue will continue to gain relevance in the coming years.<\/p>\n

    What can employers do?<\/strong><\/h2>\n

    Prevention remains the best mechanism for reducing legal risks. In this respect, companies should consider adopting the following good practices:<\/p>\n

      \n
    1. a) Establish clear internal policies regarding communications outside working hours;<\/li>\n
    2. b) Raise awareness among managers and supervisors regarding respect for employees’ rest periods and provide appropriate training;<\/li>\n
    3. c) Implement email scheduling mechanisms;<\/li>\n
    4. d) Avoid creating expectations of immediate responses outside normal working hours (for example, by including a disclaimer in email signatures stating that no response is expected outside working hours); and<\/li>\n
    5. e) Include specific digital disconnection provisions in internal regulations and remote working policies.<\/li>\n<\/ol>\n

      More than a legal obligation, digital disconnection has become an essential element of employee wellbeing, talent retention and organisational sustainability strategies.<\/p>\n

      Conclusion<\/strong><\/h2>\n

      The right to disconnect represents one of the most recent manifestations of the protection of the right to rest in the 21st century.<\/p>\n

      In an environment where technology allows work to be carried out anytime and anywhere, the real challenge is no longer ensuring that employees remain connected but rather ensuring that they can disconnect when their working day ends.<\/p>\n

      Companies that successfully achieve this balance will not only reduce legal risk, but will also foster healthier, more productive and more sustainable workplaces.<\/p>\n

      The Employment Law Department<\/strong><\/a> of Belzuz Abogados, S.L.P.<\/a> \u2013 Sucursal em Portugal<\/strong>, composed of lawyers with extensive experience in the drafting and review of internal policies and regulations, is available to assist companies in assessing and managing these matters, ensuring legally sound solutions aligned with employment law best practices.<\/p>\n","protected":false},"featured_media":12973,"template":"","categories":[],"area-de-practica":[224],"publicaciones":[134],"idioma-publicacion":[71,72],"areas-practica-publicacciones":[588],"class_list":["post-22180","publicacion","type-publicacion","status-publish","has-post-thumbnail","hentry","area-de-practica-labor-law","publicaciones-sonia-lopes-ribeiro","idioma-publicacion-ingles","idioma-publicacion-portugues","areas-practica-publicacciones-laboral"],"acf":[],"_links":{"self":[{"href":"https:\/\/belzuz.com\/en\/wp-json\/wp\/v2\/publicacion\/22180","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/belzuz.com\/en\/wp-json\/wp\/v2\/publicacion"}],"about":[{"href":"https:\/\/belzuz.com\/en\/wp-json\/wp\/v2\/types\/publicacion"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/belzuz.com\/en\/wp-json\/wp\/v2\/media\/12973"}],"wp:attachment":[{"href":"https:\/\/belzuz.com\/en\/wp-json\/wp\/v2\/media?parent=22180"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/belzuz.com\/en\/wp-json\/wp\/v2\/categories?post=22180"},{"taxonomy":"area-de-practica","embeddable":true,"href":"https:\/\/belzuz.com\/en\/wp-json\/wp\/v2\/area-de-practica?post=22180"},{"taxonomy":"publicaciones","embeddable":true,"href":"https:\/\/belzuz.com\/en\/wp-json\/wp\/v2\/publicaciones?post=22180"},{"taxonomy":"idioma-publicacion","embeddable":true,"href":"https:\/\/belzuz.com\/en\/wp-json\/wp\/v2\/idioma-publicacion?post=22180"},{"taxonomy":"areas-practica-publicacciones","embeddable":true,"href":"https:\/\/belzuz.com\/en\/wp-json\/wp\/v2\/areas-practica-publicacciones?post=22180"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}