Introduction
After enduring a marathon of eight or more hours at the office, the thought of answering work related calls or replying to mails during personal time can be burdensome. Many employees yearn for the solace of home to reconnect with family and friends.. The modern work landscape, however, demands constant accessibility from employees, often at the expense of their mental health and social connections.
Digital tools, such as email and messaging apps foster constant connectivity, thereby increasing stress and burnout. This highlights the urgent need for protective measures. In response, the ‘Right to Disconnect’ has gained traction globally, advocating for legal protections that allows a worker to be able to disconnect from work and avoid work-related electronic communications during non-work hours.
The topic assumes significance as over 120,000 deaths annually are attributed to work-related stress, making it the fifth leading cause of death. The recent tragic passing of a 26-year-old chartered accountant at Ernst and Young in Pune has drawn attention to the harmful effects of toxic work environments on employee health. This blog will examine the implications of the Right to Disconnect, exploring its origins, legal protections in the Indian context, the necessity and limitations of the right, and the way forward.
Tracing the Origin of the Right to Disconnect
The concept of disconnecting from work finds its roots in Article 24 of the Universal Declaration of Human Rights (UDHR) which states that ‘Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.’ The Right to Disconnect gained significant traction in the 21st century, particularly in response to the rise of digital communication technologies. France became the first country to formally recognise this right through its El Khomri Law in 2017. Following France’s lead, several other countries, including Spain, Italy, Belgium, Portugal, and Ireland, have introduced similar laws or policies.. In January 2021, the European Parliament passed a resolution advocating for the Right to Disconnect across member states, reflecting the growing consensus on the necessity of such protections in modern work culture.
On February 12, 2024, the Australian Federal Parliament passed the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023, granting employees the right to disconnect after work hours.
On October 28, 2019, Member of Parliament Supriya Sule introduced the Right to Disconnect Bill 2018 as a private member’s bill in the Lok Sabha. This bill aims to establish an Employees’ Welfare Authority, granting every employee the right to disengage from work-related communications outside designated working hours, and mandating overtime pay with fines for non-compliance. However, the bill faces criticism for its vague definitions and has yet to be discussed in Parliament, reflecting limited awareness of work-life balance issues among law makers.
Need for Right to Disconnect
In today’s workaholic culture, the imperative for the Right to Disconnect has become increasingly evident. Below are several compelling points that advocate for this essential right:
- Psycho-Social Stress: The expectation to engage in work for over ten hours a day, along with the obligation to remain available for office communications at home, contributes significantly to psycho-social stress. Maintaining healthy social relationships is necessary as neglecting them can weaken social bonds and lead to isolation. A study indicates that psycho-social stress may even elevate the risk of cardiovascular diseases and diabetes.
- Job Strain: The pressures of long working hours, stringent deadlines, and an ever-competitive environment can create a highly stressful workplace. The frustration of being accountable for calls and emails after work hours further exacerbates job strain. A notable statistic reveals that the mortality difference between men with and without job strain was similar to that between smokers and non-smokers A notable statistic reveals that the mortality difference between men with job strain and those without it is similar to the difference between smokers and non-smokers. According to the APA’s 2023 Work in America Survey, 77% of workers reported experiencing work-related stress, with 57% indicating negative consequences such as emotional exhaustion and diminished motivation.
- Lack of Productivity: Contrary to popular belief, extended working hours do not necessarily correlate with increased productivity. A recent report reveals that employees who regularly log off at the end of the workday tend to have productivity scores around 20% higher than those who feel obligated to continue working beyond standard hours.
- Screen Time: The prevalence of technology in the workplace has led to prolonged screen time, which can adversely affect health.. A recent research conducted by Workplace Intelligence indicates that employees spend an average of 96.1 hours per week in front of screens, which equates to nearly four full days. The study underscores substantial health concerns and productivity challenges associated with prolonged screen exposure. Moreover, excessive screen time is associated with insomnia, disrupted sleep cycles, eye strain, headaches, back pain, and reduced physical activity.
The Right to Disconnect: A Constitutional Perspective in India
As established above, today’s work culture, which extends beyond official hours, can have detrimental effects on both the physical and mental health of a person. While courts have yet to thoroughly examine the interpretation of the Right to Disconnect, it can be broadly interpreted under Article 21 of the Indian Constitution which guarantees every citizen the Right to Life and Liberty. The expression ‘life’ enshrined under Article 21 of the Constitution does not connote mere animal existence; it has a very broad scope, which includes the right to livelihood, better standards of life, and the right to leisure.
In State of Punjab v. M.S. Chawla, it has been held that the right to life ensured under Article 21 incorporates inside its ambit the right to health and clinical consideration and in the case of CESC Ltd. v. Subash Chandra Bose, the Supreme Court observed that health is a state of complete physical, mental, and social well-being and not merely the absence of disease or infirmity. Thus, it can be established that the Right to health means both mental and physical health of a person. Further, in Kirloskar Brothers Ltd. v. Employees State Insurance Corporation, the Supreme Court held that employers have a duty to ensure that their employees can lead a meaningful life. These judgments demonstrate how Article 21 encompasses the Right to Disconnect within its scope, emphasising the obligation of employers to actively promote and safeguard this right.
To fully grasp the state’s obligations in realising the Right to Disconnect, Article 21 should be interpreted alongside Articles 38, 39, 42, 43, and 47. These articles collectively establish the State’s responsibility to promote the welfare and mental well-being of its citizens by ensuring humane working conditions, protecting vulnerable groups, and supporting mental health initiatives. These provisions underscore the importance of a balanced approach to work and life, reinforcing the right to disconnect as integral to overall health and societal well-being. Hence, the Constitution empowers the state to legislate and make policies on the Right to Disconnect.
Navigating the Shortcomings of the Right to Disconnect
A significant challenge in implementing the Right to Disconnect lies in the absence of a well-defined standard for what constitutes appropriate working hours, which can vary considerably across individuals and professions. For instance, IT professionals often work 45 to 50 hours a week, and some industry leaders, like Infosys founder Narayana Murthy, advocate for even longer hours, suggesting that young IT workers should aim for 70-hour weeks. Conversely, professions such as security, healthcare, and emergency services require round-the-clock availability, making a uniform measure of working hours impractical across various fields.
From the perspective of employers, the right to disconnect can complicate efforts to ensure timely completion of tasks. In the era of burgeoning startups, there is often a heightened expectation for employees to exert extra effort to remain competitive . This pressure can lead managers to encourage extended working hours, which runs counter to the principles underlying the right to disconnect.
Additionally, the economic context in India complicates the implementation of this right. Unlike developed economies such as France and Australia, which have more robust labour regulations and a different economic structure, India is still a developing nation with a myriad of growth opportunities. To capitalise on these opportunities, Indian companies often feel compelled to work harder to remain competitive, especially given the country’s reliance on the global market. This dynamic contributes to a work culture that prioritises extended hours and high levels of commitment, making the establishment of a right to disconnect both challenging and contentious.
Conclusion & Suggestions
The Right to Disconnect is a novel initiative aimed at alleviating the pressures of work after official hours. Countries like Australia and France have already established legal protections for the Right to Disconnect. In contrast, India introduced the Right to Disconnect Bill in 2018, which has yet to be discussed in Parliament. To effectively implement the Right to Disconnect in India, a robust framework is essential accounting for the diverse nature of work across various sectors, the economic realities, and the competitive pressures that influence both employee expectations and managerial practices.
Recommendations include establishing a monitoring committee to oversee compliance, conducting regular audits, and gathering employee feedback to identify non-compliance. Additionally, raising awareness among employers about the significance of the Right to Disconnect will encourage them to support employees in maintaining a healthy work-life balance. Addressing the issues of psycho-social stress and job strain underscores the urgency of this initiative. While several challenges remain, prioritising employee health must be the ultimate goal for the state and its organisations. By implementing these measures, India can make meaningful strides towards a work environment that values both productivity and employee well-being, ultimately fostering a healthier, more balanced society.
This blog is written by Harsh Jain, BA.LL.B, 2nd year, NLIU.