Prawo kadry zarządzającej i kierowniczej do bycia offline na przykładzie orzeczenia kolumbijskiego trybunału konstytucyjnego

Abstract

In the context of work becoming increasingly digitalized, and the intrinsically related issue of being constantly connected, a new right has begun to take shape—the right to disconnect, meaning switching off digital tools used for work-related purposes outside of working hours. In this aspect, one of the most pressing questions is whether this right should also be granted to management and other autonomous decision makers. Based on the novel approach adopted by the Constitutional Court of Colombia in this aspect, we argue that total deprivation of management and managerial staff of the right to disconnect is a violation of human dignity. This is due to the core, undiminishable nature of the right to rest, of which an employee cannot be deprived regardless of the functions they perform in the workplace. This would be a violation of human dignity.