Author: Nigama Jagadeesh, Ramaiah Institute of Legal Studies

Several years ago,the workplace was very different from what it is today. The hybrid or remote work model has been embraced by many companies,and team members are dispersed throughout multiple time zones and geographical areas,sometimes even across international borders. Indeed there is more flexibility, but companies have even more responsibility. Is it typical to communicate with employers on their days off or after hours, even when other employees are at work. Employers who disregard their workers personal time or boundaries will come across as insensitive, and their employees will constantly feel that their life completely taken over by work without, a good work life balance. The idea of the “right to disconnect” was developed at this time. Employee can disengage from work and work related communications during non working hours is now possible without fear of repercussions. Numerous nations have investigated the concepts many advantages,which support work-life balance,particularly for remote workers. Implementation of “right to disconnect” is very crucial for employees of tomorrow as they could achieve great work life balance which could enhance their life to the fullest.

The right to disconnect is a recommended human right that relates to people's capacity to unplug from work and in particular to refrain from using job associated electronic communications, like emails or messages, calls outside of work hours. The new information and communication technologies have fundamentally altered the modern workplace. The line between work life and home life has been disappeared and the space of privacy is fairly violated by this issue. As observed a person's physical and mental health may suffer as a result of today's work culture, which goes beyond formal business hours. The right to Disconnect can be broadly defined under Article 21 of the Indian Constitution which gives every persons the right to life and liberty, even if courts have not yet fully examined this interpretation. The term “life” as defined by Article 21 of the Constitution does not just include existence, it has a wider scope which includes the right to livelihood, better life standard,and giving chance for private life and leisure. The Supreme Court noted CESC Ltd. v. Subash Chandra Bose that health is a state of total physical,mental,and social well-being rather than just the absence of disease or injury. In State of Punjab v. M.S Chawla,it was held that the right to health and clinical consideration. Therefore it is clear that a person's right to health encompasses both their physical and mental well-being. Furthermore, the Supreme Court ruled in Kirioskar Brothers Ltd. v Employees State Insurance Corporation that companies have an obligation to make sure their workers may live fulfilling lives.

The necessity of the Right to Disconnect has grown more clear in today's overworked culture. Here are a few strong arguments in favor of this essential right

Psycho-Social Stress: One of the main causes of psycho-social stress is the requirement to work more than ten hours a day and to be accessible from home for office communications. Neglecting strong social relationship can weaken social ties and result in isolation, thus maintaining them is essential. According to a study, psycho-social stress may potentially increase the risk of diabetes and cardiovascular illnesses.

Job Strain: An extremely stressful workplace can be brought on by the demands of extended workdays, strict deadlines and a constantly competitive atmosphere. Job stress is made worse by frustration of being accountable for calls and emails after work hours. According  to statistics, the mortality rate between males who experienced job strain and those who did not was similar to the gap between smokers and non smokers.

Lack of productivity: Longer workdays may not always translate into higher production,despite what the general public believes. According to a recent study, workers who consistently log off at the end of workday typically have productivity scores that are around 20% higher than those who feel pressured to work past regular business hours

Screen Time: The widespread use of technology at work has resulted in extended screen time,which can be harmful to one's health. According to a recent study by workplace intelligence, workers spend an average of 96.1 hours a week nearly four full days in front of screens. The study highlights significant health risks and productivity issues related to extended screen use. Additionally, excessive screen time is linked to headaches, back pain, eye strain, sleeplessness, disturbed sleep cycles, and decreased physical activity.

FRANCE: One of the first nations to establish the right to disconnect was France, which did so in 2017. Companies with more than 50 employees are required by French labor law to negotiate certain arrangements with their employees,guaranteeing that workers can disconnect from work related communications after regular business hours. Employees are protected by law from from receiving or ignoring digital communications outside of their designated work hours without fear of relation. The always ready attitude that has resulted in higher employee burnout,unpaid overtime, and poor mental health is the target of this law

BELGIUM:The right to disconnect law in Belgium is similar to the french model, although it applies to business with 20 or more employees. Employees have the right to be free from communication pertaining to their jobs during regular business hours under the 2022 law. Employers must establish clear policies on after hours communications that respect employees personal time and emergency situations, subject to previous consultations with the works council or other employees representative body.

IRELAND: Three important rights for employees are outlined in Ireland's official Code of Practice, which addresses the right to disconnect.

• The right not to work past regular business hours.

• The freedom from punishment for declining to labor after such hours.

• Respect for one another when it comes to communicating after hours 

Employers are urged to consult with workers on their representatives in order to create a right to disconnect policy that meets both the demands of their workforce and their business. The Code offers businesses a structure and best practice guide for managing work-life balance, but not being legally binding.

AUSTRALIA: One of the recent nations to implement the right to disconnect is Australia, which did so in August 2024 for companies with more than 15 workers. The law will go into effect on August 2025 for smaller companies with fewer than 15 employees. Unless their failure to react is judged unjustified as in in emergency situations or if it is mandated by law employees are permitted by law to withdraw from business communication after hours.

COLOMBIA: In order to protect employees' personal time, Law 2191 of 2022 requires companies in both the public and commercial sectors to respect employees' right to disconnect after work hours.

ARGENTINA: Remote workers are protected by Law 27,555 of 2021, which permits them to avoid work related conversions after hours. Workers who are responsible for providing care are given additionally flexibility,which enables them to successfully manage their personal and professional obligations

KAZAKHSTAN: A clear right to disconnect has been incorporated into Kazakhstan's Labour Code.

Employers may find it more difficult to ensure that assignments are complete on time if  employees have the right to disconnect. Employees are frequently expected to put in more work in order to stay competitive in the age of rapidly expanding startups, because of this pressure, managers may promote longer workdays which goes against the basic principles of the freedom to disconnect.Implementing this right is further complicated by India's economic situation. India is still a developing country with numerous opportunities of growth prospects, in contrast to developed economies like France and Australia, which have stronger labour laws and a different economic structure. Given the nation's reliance on the international market, Indian businesses frequently feel pressured to put in more effort to take advantage of these opportunities and maintain their competitiveness. The formation of a right to disconnect is difficult and controversial because of this dynamic, which adds to work culture that values long hours and high levels of dedication.

In order to safeguard workers well being and mental health in the digital age,the right to disconnect is becoming into a global standard. Although every nation takes a different strategy. The objective is always the same to prevent burnout and promote a better work life balance in a world growing more interconnected by the day. The ability to disconnect is a welcome change of pace from the constantly busy corporate mentality. The numerous advantages it provides including work life balance, mental health and employee satisfaction are available to both businesses and employees. However there are other difficulties particularly with regard to customer service, execution and adaptability. When putting this strategy into practice, organisations must exercise caution and keep these factors in mind.