THE WORK INSPECTION IS PUNISHING SELF-EMPLOYEES FOR CALLING THEIR EMPLOYEES OUT OF WORK HOURS
Freelancers who call or send Whatsapps or emails to their employees outside of their working hours demanding some work from them face sanctions. The Inspection is already doing it with fines of up to 7,500 euros.
In this sense, the Ministry of Labor issued Technical Criterion 104/2021 on actions of the Labor and Social Security Inspectorate in Psychosocial Risks, and which complements Technical Criterion 69/2009 on Harassment and Violence at Work.
According to the labor inspector and president of SITS, "the very fact of sending an email or a message outside working hours, a priori, would not be punishable. But it is when it is repeatedly or when this message is demanding that the worker who performs certain functions, while he is out of his work day and would have to be resting ".