The purpose of this article is to demonstrate that the right to digital disconnection must be applied without any distinction to all categories of workers, including those considered outside the maximum working hours by infra-constitutional regulations. Likewise, it seeks to answer the following questions: what would be the lawsuit to file against the violation of the right to digital disconnection? And who would bear the burden of proof within the process? We will conclude that, as there are regulatory gaps, it is necessary to make respective clarifications.

The information and communication technologies applied in labor relations have a series of constitutional implications on the limits of the use of the power of management, of which there have been different pronouncements, hence the academic interest. In order to develop this topic, we have resorted to the doctrine and, from a practical point of view to the Constitutional Court Rulings and Supreme Court Cassations. The article then deals with a brief introduction, followed by some general concepts on the power of direction, which is broken down into three powers: Regulatory Power, Supervisory Power and Sanctioning Power, including in each section the analysis and notes to the various case law cases.

Through this research work, it is intended to show that the institution of productive decentralization of the company is often used as an objective cause of hiring for a specific work or specific service, thereby making the employment relationship of the workers precariously, for which a normative precision is necessary