Lawtitude

“Employees physically leave the office, but they do not leave their work. They remain attached by a kind of electronic leash—like a dog. The texts, the messages, the emails— they colonize the life of the individual to the point where he or she eventually breaks down.” — Benoit Hamon of the French National Assembly (2016) 

The dynamics of work and employment have evolved since the rampant development of communication technologies. This advancement  has introduced an “anywhere, anytime” concept to the workplace. After the Covid -19 pandemic, this new concept is deeply etched in the fabric of the 21st century work culture. Workplace is no longer defined as restrained within four walls or a prescribed time schedule, but rather extends whenever an employee takes their electronic devices and performs an activity that constitutes work according to the terms of their employment contract. Bringing work to homes and the ease of connectivity can create a situation where the employees become inescapable from the demands of their work. An employer can assign a task or duty at any time which obligates the employee to be available beyond the time frame for which they are paid. This is likely to cause a high intensity work environment and cause substantial disturbances to work life balance. This should not be ignored as it has multifold implications. Full time employees are likely to be burnt out and the demands of such work can often trigger the feelings of stress and anxiety. Study shows that this often strains the relationship dynamics between such employees and their family. This ultimately results in the workforce being less efficient. Employers often observe lack of productivity from overworked employees.  

Such high work pressure also leads to increased absenteeism. Understanding the gravity of the issue, policies across the globe have recognised the “Right to Disconnect”. This is a legislative measure to regulate the after working hours electronic communication between the employer and employee and allows the employee the relaxation to refrain from work related communications after their working hours. 

France is one of the first countries to implement the idea of the right to disconnect. It was as early as in 2004 where the French Supreme Court held that it is not misconduct if an employee was not reachable after working hours. Subsequently in 2017, the Droit à la déconnexion Law was passed where the employers of companies with more than 50 employees were prompted to put in place regulations in order to protect their employees personal life and prescribe the terms and conditions in which the employee can fully exercise their right to disconnect. The Act also aims to regulate the use of communication or digital tools to ensure compliance with the rest periods or vacations to a reasonable extent. The above mentioned objectives are met via compulsory annual negotiations and to open negotiations in view of a collective agreement for companies with trade union delegates. Where there is no trade union established, the Act suggests that the subject matter should be raised in meetings and discussions with respect to determining working hours with the employees. The Act does not prescribe any specific penalties. Nevertheless the matter can be represented before the labor dispute courts.. An employee of the French wing of the British pest control company approached France’s de Cassation as he was aggrieved by his right to disconnect being violated. The Supreme Court ordered the respondent to pay the former employee $60,000 because it failed to respect his right to disconnect in 2018. The court in the instant matter found it unfair for the employee to be obligated to respond to work related issues while he was not at work.  The ruling is the first of its kind imposing a fine for non-compliance. 

Belgium has also introduced the Right to Disconnect law in 2018. Belgium introduced the right to disconnect to address issues related to work-life balance and employee well-being. With the rise of remote work and digital communication, employees often face the expectation of being constantly available, leading to stress and burnout.This law requires the employers in the private sector to regularly discuss the use of digital communication tools and the right to disconnect with their health and safety committees. Belgian private sector employers with 20 or more employees are mandated by the Act to include the right to disconnect in their collective bargaining agreements or work rules which cover all employee categories. For companies with over 50 employees, it is mandatory to discuss the right to disconnect and digital tool usage with their health and safety committees, aiming to protect employee’s rest periods, holidays, and work-life balance.

Australia has also followed the footsteps of France and is set to implement the employee’s right to disconnect. According to the bill an employee may refuse to monitor, read or respond to contact, or attempted contact, from an employer or a third party if the contact relates to their work outside of the employee’s working hours unless the refusal is unreasonable. Reasonability here is determined by assessing the purpose of such contact, the level of disruption such a contact is likely to cause the employee, nature of the employee’s role and responsibility, the employee’s personal circumstances and the extent to which such an employee can be compensated. Interestingly the bill also lays down the prescribed mode of dispute resolution with regard to the right to disconnect. If there is any dispute between an employer and an employee due to the latter refusing to respond or take up a work post work hours and the same is considered as unreasonable by the employer, such parties should attempt and resolve the issue by discussions at the workplace. If such discussion did not resolve the dispute, the party can apply to the Fair Works Commissions for redressal. 

Ireland implemented a similar Code of Practice in April 2021. Luxembourg began enforcing this rule on June 23, 2023. In Argentina, Chile, Mexico and Ukraine, the Right to Disconnect mostly applies to remote or home-based workers. Greece went further by passing a law on December 3, 2022, that prohibits remote workers from doing any work during non-working hours and holidays.

In India, the Right to Disconnect Bill was introduced in 2018 by Baramati MP Supriya Sule.The bill sought to give employees the ability to negotiate the terms of communication outside of working hours, ensuring a better work-life balance. Despite its potential benefits for employee well-being, the bill has not progressed significantly in legislative discussions. As of now, it remains a proposal. This stagnation highlights ongoing challenges in addressing work-life balance in India’s rapidly evolving work environment. Recognizing and addressing the need for this balance is an essential step towards building a more supportive and efficient work culture in India.

Criticism of the right to disconnect in India centers on practical challenges and potential negative impacts on businesses. A key issue is the absence of specific legislation, which leaves employees without robust protections and makes it difficult for them to assert their right to disconnect without fearing repercussions from employers. India’s work culture, with its long hours and constant availability, makes it hard to implement these policies. 

It is quintessential to ensure that the work life dynamics are balanced to ensure both the employee welfare and efficiency of the organization. However one should pay heed to the  implementational struggles of the Act and technical difficulties in incorporating the right to disconnect. One of the primary contentions of implementing the policy is whether the right to disconnect will undermine workplace flexibility. A strict implementation of the Act can reduce the opportunity of an employee to work digitally at their prescribed times. The right to disconnect will essentially Act as a double edged sword when it comes to flexible working models. Further,  an extreme implementation of the right to disconnect can also have an adverse effect on business heads. Australia’s chambers of commerce criticized the new bill and stated that the industrial relations laws cannot be allowed to make it harder for hard-working business owners to generate the wealth we enjoy as a nation.”

There are also technical difficulties that are service specific which arises in the implementation of the Act. For instance, in the case of service based firms or employment, the entity cannot anticipate the requirements of clients or the course of a case taken up which lies ahead in time.  In such cases, the right to disconnect does not become reasonable. In a globalized economy, many companies operate across different time zones, necessitating communication and collaboration at various hours of the day. This can lead to situations where employees are expected to be available outside their regular working hours for interaction with colleagues or clients in other parts of the world. Such demands can undermine the effectiveness of the right to disconnect as such work spaces cannot go by the standard working hours. 

Though the right to disconnect is an essential aspect of work life balance, the nature and the extent of the same is solely based on the substance of the work and the degree of responsibility that is held by the employee. The social and economic implications of the right to disconnect are industry specific. Right to disconnect is certainly a two edged sword. Nevertheless, it is expedient for each company or firm to take cognizance of the importance of mental well being and mitigating stress as it’s very relevant to contemporary labor welfare. Implementing the right to disconnect in the policy ensures that employees can freely disconnect from work-related communications outside of their regular working hours without fear of negative repercussions. This measure is significant to protect employee’s mental health, improve their quality of life, and promote a healthier work environment. The same is also proven to have a positive effect on the productivity of the company thereby ensuring the dual interests being satisfied.