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The Constitutional Court rejects that lawyers are "slaves to the Internet”
| News | Employment Law and Social Security
Alfredo Aspra explains in El Economista that the Constitutional Court does not appreciate that Article 162.2 of the Law on Civil Procedure, by giving full effect to the notification if within three days the addressee has not agreed to its content, infringes the right to rest of these workers
The Constitutional Court rejects that the obligation for lawyers and solicitors to be on the lookout every three days for notifications they may receive through the Lexnet system violates their right to rest and holidays (recognised in Article 40.2 of the Spanish Constitution) and denies that it makes them "slaves of the Internet".
"This order is very important, because it sets out the doctrine that the Constitutional Court (TC) does not find that Article 162.2 of the Civil Procedure Law (LEC), by giving full effect to the notification if within three days the recipient has not accessed its content, infringes the right to rest of these workers," explains Alfredo Aspra, partner responsible for the Labour Area of Andersen.
As an ancillary reason, Alfredo Aspra explains, the Tribunal of Guarantees considers that the regulations governing electronic notifications make the use of Lexnet's mailbox more flexible, providing a mechanism for substitution between colleagues that allows the owner of a mailbox to link other users as authorised to act on their behalf.
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