Digital disconnection and labor reform in Spain: key aspects of the new Article 20 bis of the Workers’ Statute

The draft bill that proposes reducing the standard workweek to 37.5 hours also includes a reform of Article 20 bis of the Workers’ Statute. This reform aims to strengthen the right to digital disconnection, expanding its scope and making it a more central element in work organization—particularly in remote work and flexible scheduling contexts

But that’s not all: this amendment is closely tied to another key reform currently under legislative review, which directly affects working time recording systems.

Article 20 bis of the Workers’ Statute: impact on working time and the right to digital disconnection

The proposed text requires companies not only to guarantee digital disconnection as a general principle, but also to:

– Implement real and effective measures, going beyond basic internal protocols.

– Set limitations on the use of digital devices outside of working hours.

– Adopt technical and organizational criteria that respect rest periods, leave, and vacation time.

– Integrate these measures into collective bargaining processes.

This regulatory reinforcement will clearly affect how labor relations are managed, especially in environments where the boundaries between personal and professional time are increasingly blurred.

Time tracking and the right to disconnect: what companies must implement

The draft legislation also includes a revision of the time tracking system, with three significant developments:

1. Mandatory digitalization of time tracking systems, based on nationally standardized criteria.

2. Immediate accessibility for the Labor Inspectorate, which will be able to review time records without prior notice

3. Direct connection to digital disconnection rights: the goal is not only to ensure compliance with maximum working hours, but also to guarantee that employees are not required to stay connected outside agreed working hours.

Mandatory digital disconnection: penalties, compliance measures, and collective bargaining

– Increased exposure to sanctions: The reform includes stricter penalties for non-compliance with digital disconnection rights and time tracking requirements. Fines may range from €1,000 to €10,000 per affected employee, depending on the seriousness of the violation.

– Need to document disconnection measures: It is essential to define and record clear policies that guarantee respect for digital disconnection rights, in order to prevent individual claims or labor disputes.

– Growing importance of collective bargaining: It will be crucial to negotiate with works councils or employee representatives to implement these rights effectively and in a way that reflects each organization’s specific reality.

Conclusion: act early to avoid sanctions related to digital disconnection and working time control

Adapting to this reform is not only a legal obligation—it is also an opportunity to improve productivity, workplace culture, and corporate reputation. Companies that anticipate these changes will be better positioned for future labor inspections and will attract more talent in an increasingly demanding labor market.

If your company needs to adapt to these new legal obligations with full legal guarantees, Devesa can help you design solid internal policies and compliant time tracking systems aligned with the latest regulations. Contact us today to protect your business before the Labor Inspectorate requires it.

Do you need advice? Access our area related to the new article 20 bis of the Workers’ Statute and the day register:

Labour law