The spread of messaging apps such as WhatsApp and Telegram for contact between managers and employees outside working hours has reignited the debate over the legal limits of professional availability in Paraguay. Labor law experts warn that a mere message or call sent after the end of the workday does not, in itself, create an obligation for the worker to respond immediately.
The Paraguayan Constitution, in Article 91, establishes that the maximum duration of ordinary working hours cannot exceed eight hours per day or 48 hours per week, except in cases provided for by law. The provision guarantees rest periods, family life, and personal activities. Added to this is Law No. 6738, which regulates telework and expressly recognizes the right to digital disconnection, ensuring workers at least 12 consecutive hours free from the obligation to respond to communications, instructions, or demands related to their duties.
Lawyers consulted on the subject point out that responding to messages, preparing reports, answering queries, or carrying out tasks after the end of the workday may constitute overtime when there is an effective provision of services. In such cases, compensation must follow the provisions of the Labor Code for overtime. Paraguayan labor legislation also requires employers to respect the privacy, rest periods, and family life of their employees, avoiding practices that imply constant availability outside agreed working hours.
For experts, the protection of rest periods is not a concession from the employer, but a guarantee recognized by the Constitution and the laws of the Republic. Permanent availability outside working hours can affect workers' physical and mental health, causing stress, burnout, and difficulties in reconciling professional and family life, which is why international organizations and legislation in various countries have imposed specific regulations on digital disconnection.