The Labor Inspectorate of Companies considers that sending emails, outside of what is considered the working day, may violate the right to digital disconnection, recognized in the Telework Law, and that it would therefore be considered a serious infraction within the labor regulations.
According to Ana Ercoreca, who is the president of the Labor and Social Security Inspectors Union, what could prevent the company from violating this right and having to pay these fines would be to make it very clear that the response to the email sent outside of the working day should be responded to within working hours.
Currently, and due to the coronavirus pandemic and confinement, the rights of workers are increasingly being discussed and taken into account, and according to Ercoreca, she even sees the sending of the email as punishable, if it is not clearly expressed that there is no obligation to respond within the working day.