Teleworking in the Tucuman justice for covid-19. Right to digital disconnection. Post-pandemic panorama

Abstract

The global pandemic due to COVID 19 has required drastic changes in the face-to-face modality of justice service provision. This happened in Argentina, at different times according to the level of adaptability, regulations, protocols, and technology available in the different Judicial Powers. The Tucumán province has undergone a transformation of the dynamics of the judicial process, in accordance with Law N° 9227 and Agreed by the Tucuman Court N ° 226/20, 236/20 and concordant. This has led to the displacement of the face-to-face modality of service provision, to give way to the mixed modality of work (face-to-face: at the courthouse; and remote: from homes through information and communication technologies). The approach to these circumstances constitutes the general objective of this essay, under the empirical method of scientific observation. In such a context of mixed modality of work, the Agreement 454/20 is focused, which guarantees the right to digital disconnection of the teleworking. This right is subsequently enshrined in the Legal Regime of the Teleworking Contract (art. 5, National Law No. 27,555). The treatment of the aforementioned right is the particular objective of this. Based on personal experience, I envision the subsistence of the mixed work modality in the post-pandemic.