Your right to disconnect from work messages after hours

Key rules

• No duty to reply: You do not have to answer work calls, emails or messages outside your working hours.
• Company policy: Every employer, whatever its size, must have a disconnection policy covering all staff, including managers.
• Exceptions: Genuine emergencies and on-call duty set in your contract or convenio can justify out-of-hours contact.
• No retaliation: Your employer cannot punish you for using the right, and you can challenge retaliation in court.

The short answer

Outside your working hours, you do not have to answer work calls, emails or messages. Spanish law gives employees and public employees a right to "digital disconnection". It protects your rest time, leave, holidays and your personal and family privacy.

Who is covered

The right covers employees and public employees in Spain. It also covers you if you work from home or use work tools such as a laptop or phone at home. Working remotely does not make you available around the clock.

What your company must have

Every employer must have an internal policy on disconnection, whatever its size. A small company still needs one, though the content can be simpler.

• The employer writes it after consulting the workers' representatives.
• It covers all staff, including managers.
• It sets out how the right works in practice and includes training and awareness on reasonable use of technology.
• It is adapted to the company, especially if people work remotely.

Your convenio (the collective agreement for your sector or company) may add detail, such as set hours or specific rules. Ask HR for the policy, and check your convenio for anything extra.

When you can still be contacted

The right is not absolute. Exceptions can apply for a genuine emergency, or when your contract or convenio sets on-call duty (guardia). If you are on call, being reachable is part of the job. Outside that, routine requests can wait until your next working day.

If your employer ignores it

Do these in order:

1. Keep evidence. Save messages and emails that show demands made out of hours, with their dates and times.
2. Raise it internally. Write to your manager or HR, and tell the workers' representatives if you have them.
3. Complain to the Labour Inspectorate (Inspección de Trabajo y Seguridad Social) if that fails. There is no sanction written specifically for disconnection, so the inspectors use general rules on working time, health and safety or data protection.
4. Go to the social court (the labour court) if needed. You can claim for breach of fundamental rights, seek compensation, or ask for protection of your rest time.

Your employer cannot punish you for using this right. If it does, you can challenge that as a violation of fundamental rights. For a dispute, consider asking a union or a labour lawyer for advice.

The questions below cover emergencies, home working, small companies and what to do about a boss who keeps messaging you.

Frequently asked questions

Can my employer contact me after hours in an emergency?

Yes, genuine emergencies are an exception, and so is on-call duty written into your contract or convenio. Outside those cases, you do not have to answer calls, emails or messages. Check your contract for any on-call clause.

Does the right to disconnect apply if I work from home?

Yes, the right applies to remote work and to using work tools at home in the same way as at the office. Your company's policy should explain how it works for remote staff.

Does a small company still need a disconnection policy?

Yes, every company must have an internal policy, whatever its size, though small firms can adapt the content. The employer must hear the workers' representatives first. The policy must cover training on reasonable use of technology, including for managers.

What can I do if my boss keeps messaging me out of hours?

Start by complaining to your employer or HR and to the workers' representatives. If that fails, you can complain to the Labour Inspectorate or bring a claim to the social court. Keep the messages and emails as proof, and know that punishment for using this right can be challenged in court.