What are workers’ rights in the digital age?
Puigverd Assessors analyses the rights of workers in the digital age
10/09/2024
Digital transformation has revolutionized the workplace, bringing with it both significant opportunities and challenges. For employers and entrepreneurs, understanding workers’ rights in this new context is essential to maintaining a fair work environment and complying with current regulations.
In this article, the team of professionals at Puigverd Assessors will explore how the digital era impacts labor rights and how companies must adapt to comply with these regulations.
One of the most relevant rights in the digital age is the right to digital disconnection, which allows workers to not be available for work communications outside of their working hours. This right is contemplated in article 88 of Organic Law 3/2018, on the Protection of Personal Data and Guarantee of Digital Rights, and in article 20 bis of the Workers' Statute.
The employer has the obligation to respect and guarantee this right by developing internal policies that define the modalities of exercising the right to disconnect. Failure to respect this right may lead to serious sanctions, including significant fines for the company.
Managing employees' personal data is a critical aspect in the digital age. Companies must comply with data protection regulations, which in Spain are mainly regulated by the General Data Protection Regulation (GDPR) and Organic Law 3/2018. It is essential that companies adopt appropriate measures to ensure the confidentiality, integrity and availability of employees' personal data.
The employer's obligations include appointing a Data Protection Officer (DPO) when necessary, implementing appropriate security measures and obtaining informed consent from employees for the processing of their personal data.
Digitalisation should not be an excuse for discrimination. Companies must ensure equal treatment for all employees, regardless of their gender, race, sexual orientation, religion, or any other characteristic protected by law. Promoting an inclusive environment and adopting equal opportunity policies are imperative to prevent and address any form of harassment or discrimination in the workplace.
Artificial intelligence (AI) and automation are transforming the world of work. However, it is crucial that these technologies are used ethically and not to reduce labour rights or replace workers without adequate protection measures. Companies must invest in training and retraining employees so that they can adapt to the new roles that AI creates.
Furthermore, it is important to ensure that AI does not perpetuate discrimination. Algorithms must be designed and applied in a way that does not discriminate based on gender, race or other personal characteristics. Data privacy and security are also essential in the context of AI, and companies must take strict measures to protect these aspects.
Technological tools have made it easier to track the working day, recording the start and end of the day, as well as breaks and interruptions. This detailed record helps ensure compliance with labor regulations and protect workers' rights regarding their working and rest hours.
Companies must ensure that the minimum wage is respected and paid appropriately. In Spain, the minimum wage is updated periodically and it is essential that companies are aware of these updates to avoid legal sanctions.
For business owners and entrepreneurs, adapting to digital transformation means being constantly up to date with current labor regulations. This includes not only implementing appropriate technologies and policies, but also ongoing staff training and adapting internal processes to comply with regulations.
The digital age has introduced significant changes in the workplace, affecting workers’ rights. Companies must adapt and ensure that they respect these rights, promoting a fair working environment and complying with all relevant regulations. This is not only essential for the well-being of employees, but also for the efficiency and success of companies in the digital world.
In this article, the team of professionals at Puigverd Assessors will explore how the digital era impacts labor rights and how companies must adapt to comply with these regulations.
The right to digital disconnection
One of the most relevant rights in the digital age is the right to digital disconnection, which allows workers to not be available for work communications outside of their working hours. This right is contemplated in article 88 of Organic Law 3/2018, on the Protection of Personal Data and Guarantee of Digital Rights, and in article 20 bis of the Workers' Statute.The employer has the obligation to respect and guarantee this right by developing internal policies that define the modalities of exercising the right to disconnect. Failure to respect this right may lead to serious sanctions, including significant fines for the company.
Data protection in the workplace
Managing employees' personal data is a critical aspect in the digital age. Companies must comply with data protection regulations, which in Spain are mainly regulated by the General Data Protection Regulation (GDPR) and Organic Law 3/2018. It is essential that companies adopt appropriate measures to ensure the confidentiality, integrity and availability of employees' personal data.The employer's obligations include appointing a Data Protection Officer (DPO) when necessary, implementing appropriate security measures and obtaining informed consent from employees for the processing of their personal data.
Equal treatment and non-discrimination
Digitalisation should not be an excuse for discrimination. Companies must ensure equal treatment for all employees, regardless of their gender, race, sexual orientation, religion, or any other characteristic protected by law. Promoting an inclusive environment and adopting equal opportunity policies are imperative to prevent and address any form of harassment or discrimination in the workplace.
Artificial intelligence and automation
Artificial intelligence (AI) and automation are transforming the world of work. However, it is crucial that these technologies are used ethically and not to reduce labour rights or replace workers without adequate protection measures. Companies must invest in training and retraining employees so that they can adapt to the new roles that AI creates.Furthermore, it is important to ensure that AI does not perpetuate discrimination. Algorithms must be designed and applied in a way that does not discriminate based on gender, race or other personal characteristics. Data privacy and security are also essential in the context of AI, and companies must take strict measures to protect these aspects.
Technological tools and time recording
Technological tools have made it easier to track the working day, recording the start and end of the day, as well as breaks and interruptions. This detailed record helps ensure compliance with labor regulations and protect workers' rights regarding their working and rest hours.
Compliance with the minimum interprofessional wage
Companies must ensure that the minimum wage is respected and paid appropriately. In Spain, the minimum wage is updated periodically and it is essential that companies are aware of these updates to avoid legal sanctions.
Adaptation and compliance with regulations
For business owners and entrepreneurs, adapting to digital transformation means being constantly up to date with current labor regulations. This includes not only implementing appropriate technologies and policies, but also ongoing staff training and adapting internal processes to comply with regulations.The digital age has introduced significant changes in the workplace, affecting workers’ rights. Companies must adapt and ensure that they respect these rights, promoting a fair working environment and complying with all relevant regulations. This is not only essential for the well-being of employees, but also for the efficiency and success of companies in the digital world.