Transporte sanitario

COMUNICADO: Incumplimiento del derecho a la desconexión digital a los trabajadores de ambulancias en el área norte de Málaga


Desde la secretaría del sector de salud, dependencia y servicios sociosanitarios de FeSP Málaga, alerta que en el Servicio de Ambulancias programado que presta su servicio en el Área Sanitaria Norte de Málaga, su empresa, obliga a los trabajadores a tener en su teléfono particular un grupo de mensajería instantánea con la empresa, en la que les notifican los horarios, cambios,….a cualquier hora del día y cualquier día de la semana, incumpliéndose así el Derecho a la Desconexión Digital por parte de los trabajadores.

El derecho a la desconexión digital fuera del horario de trabajo se conceptúa como la limitación al uso de las tecnologías de la comunicación para garantizar el tiempo de descanso y vacaciones de los trabajadores.

La desconexión digital en el ámbito laboral es un derecho, tal y como recoge el artículo 88 de laLey Orgánica 3/2018, de 5 de diciembre, de Protección de Datos Personales y garantía de los derechos digitales.  (Boletín Oficial del Estado de 06-12-2018)

   Dice la norma:

Artículo 88. Derecho a la desconexión digital en el ámbito laboral.

1. Los trabajadores y los empleados públicos tendrán derecho a la desconexión digital a fin de garantizar, fuera del tiempo de trabajo legal o convencionalmente establecido, el respeto de su tiempo de descanso, permisos y vacaciones, así como de su intimidad personal y familiar.

2. Las modalidades de ejercicio de este derecho atenderán a la naturaleza y objeto de la relación laboral, potenciarán el derecho a la conciliación de la actividad laboral y la vida personal y familiar y se sujetarán a lo establecido en la negociación colectiva o, en su defecto, a lo acordado entre la empresa y los representantes de los trabajadores.

  3. El empleador, previa audiencia de los representantes de los trabajadores, elaborará una política interna dirigida a trabajadores, incluidos los que ocupen puestos directivos, en la que definirán las modalidades de ejercicio del derecho a la desconexión y las acciones de formación y de sensibilización del personal sobre un uso razonable de las herramientas tecnológicas que evite el riesgo de fatiga informática. En particular, se preservará el derecho a la desconexión digital en los supuestos de realización total o parcial del trabajo a distancia, así como en el domicilio del empleado vinculado al uso con fines laborales de herramientas tecnológicas.

Es por lo que, al amparo de la norma, solicitamos la Empresa que elimine el grupo de mensajería instantánea anteriormente citado, u otros si los tuviese y de cumplimiento a lo establecido en la Ley, de forma que garantice la desconexión digital fuera del horario laboral de sus trabajadores.

                                                                                         Málaga a 18 de noviembre de 2019

 

 

Transporte sanitario
FeSP UGT Firma El IV Convenio de Trabajadores/as de Ambulancias de Andalucía
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