Right to disconnect policy for companies: what to include and how to write it

Right to disconnect policy for companies: the short answer

A right to disconnect policy is the internal document in which a company sets out how it guarantees that staff do not have to answer emails, messages or calls outside working hours, during breaks, leave and holidays. In Spain it is mandatory: article 88 of Organic Law 3/2018 on Data Protection (LOPDGDD) requires the employer to draw it up after consulting the workers’ representatives, and to include training and awareness actions on the reasonable use of technology. It must apply to the whole workforce, managers and executives included.

In other words, it is not enough to “not demand” replies after hours. It has to be written down, explained, taught to managers and checked. This article explains what the policy should contain, how to draft it in five steps, which clauses work and why it is also a mental health measure.

What the law says about the right to disconnect

Three pieces of legislation form the basic framework:

• Article 88 of the LOPDGDD (Organic Law 3/2018). It recognises the right to digital disconnection to guarantee, outside legal or agreed working time, respect for rest, leave, holidays and personal and family privacy. It requires the employer to draw up an internal policy defining how the right is exercised and the training and awareness actions needed to avoid the risk of computer fatigue. It asks for the right to be especially protected in remote work, whether full or partial.
• Article 20 bis of the Workers’ Statute. It brings into employment law the right to privacy in the use of digital devices and the right to digital disconnection.
• Article 18 of Law 10/2021 on remote work. It specifies that the duty to guarantee disconnection means limiting the use of company communication and work technology during rest periods and respecting maximum working hours. It refers to collective bargaining to set the means and measures.

On top of this come working time records (article 34.9 of the Workers’ Statute, mandatory since 2019), which leave a trace of when people work, and the applicable collective agreement, which may include its own rules on disconnection and should be reviewed before drafting anything.

As for consequences: the law does not set a specific penalty for not having the policy, but infringements regarding working hours and rest periods are defined in the Law on Social Order Infringements and Sanctions (LISOS), and the Labour Inspectorate reviews disconnection as part of its checks on working time and psychosocial risks. In practice, the biggest risk is not the fine: it is staff burnout.

What a right to disconnect policy should include

A useful policy is short (two to four pages) and specific, adapted to the collective agreement and not copied from a generic template. These are the sections it should not be missing:

1. Purpose and legal framework. What the policy is for and which laws it implements (LOPDGDD, Workers’ Statute, Law 10/2021, collective agreement).
2. Scope. The whole workforce, managers and executives included, on-site, hybrid and remote. If there are groups with on-call duties or availability, they are named here.
3. Disconnection periods. What counts as outside working hours: nights, weekends, public holidays, holidays, leave and sick leave. Specific hours are better than vague wording.
4. Rights and duties. The right not to reply, without reprisals or consequences in performance reviews, and the duty of the sender not to expect a reply outside working hours.
5. Use of tools. Scheduled emails, “out of hours” statuses in messaging apps, automatic replies during holidays and a ban on using personal messaging groups for work matters outside working hours.
6. Meetings. Time limits for scheduling them (for example, not before 9:00 or after 17:00) and a default maximum length.
7. Strictly defined exceptions. Only force majeure, emergencies or serious risk, and agreed, compensated on-call duties. If everything is an exception, the policy does not exist.
8. Training and awareness. Required by law: sessions for managers and staff on reasonable use of technology and preventing computer fatigue.
9. Monitoring and complaints channel. Indicators, a person responsible for the policy and a way to report breaches without fear.
10. Review. An annual review date and a link to the psychosocial risk assessment.

How to draft the policy step by step

Step 1. Baseline assessment. Before writing, look at the data: emails and messages sent outside working hours by department, last-minute meetings, hours recorded above the working day. An anonymous wellbeing assessment adds what activity data does not show: how many people feel they cannot disconnect, and in which teams.

Step 2. Draft with HR, health and safety, and management. Write a first text with the ten sections above, adapted to the collective agreement and to operational reality (an engineering firm is not the same as a service with round-the-clock attention).

Step 3. Consultation with workers’ representatives. The law requires it. Share the draft with the works council or staff delegates, gather their input and keep a written record of the process. If there is no workers’ representation, informing and consulting staff is good practice.

Step 4. Communication and training. Publish the policy on the intranet, explain it in team meetings and train managers specifically: they send the most messages outside working hours and they set the real norm. A policy nobody knows about protects nobody.

Step 5. Monitoring and review. Measure the same indicators as in the baseline every quarter and review the policy once a year. If one department is still off the charts, the problem is usually workload or organisation, not communication.

Sample clauses for the policy

These clauses are for guidance only and must be adapted to each company and its collective agreement:

• “No employee is required to answer work emails, messages or calls outside their working hours, during breaks, leave or holidays. Not doing so will have no consequences for their performance review or career development.”
• “Emails sent outside working hours will be scheduled for delivery at the start of the next working day, except in justified emergencies.”
• “No meetings will be scheduled that end later than 17:00 or during the lunch break, unless the people invited agree.”
• “During holidays an automatic reply will be activated stating the return date and an alternative contact person.”
• “Managers will lead by example in complying with this policy and will receive specific training on it.”

Right to disconnect, psychosocial risks and mental health

Hyperconnectivity is not a matter of etiquette: it is a psychosocial risk factor. Being always available invisibly extends the working day, prevents recovery and feeds chronic stress. Reports by Eurofound and the ILO on work with mobile technologies already warned that these tools tend to lengthen working time and blur the line with personal life, with effects on rest and health.

That is why the right to disconnect policy should be linked to the psychosocial risk assessment required by law: if the assessment detects high demands or a “double presence” burden in a team, disconnection is one of the measures in the action plan. And the other way round: if a team cannot disconnect despite the policy, there is probably overload and it is worth watching for the signs of burnout before sick leave appears.

How an EAP helps make disconnection real

A right to disconnect policy puts order in the use of technology, but on its own it does not resolve accumulated exhaustion or the anxiety of someone who has not switched off for months. This is where an Employee Assistance Programme (EAP) fits in:

• Measure before and after. beLASAI’s wellbeing assessments show, in aggregated and anonymous form, which teams find it hardest to disconnect and how they evolve after the policy is introduced, with an HR dashboard containing no individual data.
• Confidential psychological support. Registered psychologists who reply in under 48 hours and a 24/7 line for those already feeling worn out, without the company knowing who uses it.
• Habits that support rest. Nutrition and exercise advice, which directly affect sleep and the ability to recover.

Frequently asked questions about the right to disconnect policy

Is a right to disconnect policy mandatory for companies in Spain?

Yes. Article 88 of Organic Law 3/2018 requires the employer to draw up an internal right to disconnect policy, after consulting the workers’ representatives, defining how the right is exercised and including training and awareness actions. Law 10/2021 reinforces this for remote work.

What should a right to disconnect policy include?

At a minimum: scope (managers included), disconnection periods, the right not to reply without reprisals, rules on email, messaging and meetings, strictly defined exceptions, training actions, monitoring indicators, a complaints channel and a review date.

Does the right to disconnect also apply to executives?

Yes. The law expressly mentions people in management positions. They also set the real culture: if management sends messages at night, everyone else understands they must reply.

Can an employee refuse to answer emails outside working hours?

Yes. It is a right recognised in the LOPDGDD and the Workers’ Statute, and not replying outside working hours cannot have negative consequences. Exceptions must be strictly defined in the policy or the collective agreement, such as agreed on-call duties or force majeure.

What happens if a company has no right to disconnect policy?

It breaches a legal duty and is more exposed in a labour inspection on working hours, rest periods or psychosocial risks. But the main cost is different: more stress, poorer rest and, in the medium term, more sick leave and staff turnover.

How often should the right to disconnect policy be reviewed?

It is advisable to review it once a year and whenever the organisation of work changes (moving to remote work, new tools, restructuring), keeping it aligned with the psychosocial risk assessment.

The next step: from a policy on paper to real disconnection

Having the policy signed is just the beginning. What makes it work is measuring, training managers and supporting those already feeling the strain. If you want a first snapshot of how your team is doing, try beLASAI’s free workplace health test.

And if you want to back your policy with an Employee Assistance Programme (EAP) that includes wellbeing assessments, a psychologist in under 48 hours, a 24/7 line and an aggregated HR dashboard, discover all beLASAI services, book a 30-minute demo or get in touch. We will help you make sure disconnection does not stay on paper.