Digital disconnection: A look at the future in Nicaraguan labor law

Abstract

Given the constant access to electronic devices and technology tools the world is used to, and labor law is not exempt of, it is necessary to assess the limit between personal and work life. In this scientific research, an analysis is conducted on the legal framework of digital disconnection in Nicaragua, including its background, definition, and regulatory approaches from a comparative law perspective. For it, primary sources are being taken from doctrine through books, legal magazines, among others, which are paramount to board the subjects related to the matter. As secondary sources, laws are being used in the making of this research, as the Political Constitution, Work Code, and others, as well as foreign legal sources from Spain, Colombia, Mexico and Peru. Lastly, jurisprudential sources and criteria from the National Labor Court of Nicaragua is being used. Furthermore, historical-logical, comparative law and analysis-synthesis methods are being used to know, determine and study the right of digital disconnection and its first manifestations, its conceptualization, and its current application in Nicaragua and other legal systems, having as consequence the solving of possible future trouble to ensure the right to rest of the workers and to establish regulations on the digital disconnection allowing to solve that legal void that exists in our country.