In an era of hyperconnectivity, where work emails and messages follow us beyond office hours, the concept of the “Right to Disconnect” has gained prominence.
Originating in France and now adopted by several countries, this legal framework aims to protect employees from the constant digital tether to work.
Australia recently joined this movement, and it’s time for India to consider similar legislation.
What Is the Right to Disconnect?
The Right to Disconnect empowers employees to set boundaries between work and personal life. All eligible employees have the right to refuse employer or third-party contact after working hours.
Employees can decline to monitor, read, or respond to work-related communication during their off-hours unless such refusal is unreasonable.
When assessing reasonableness, factors like the nature of contact, disruption to the employee, compensation, and personal circumstances are taken into account.
Australia recently implemented its “right to disconnect” law, which prohibits penalizing workers who refuse to respond to work calls or texts outside of office hours.
Exceptions exist for genuine emergencies, but the overall intent is to safeguard employees’ well-being and work-life balance. Other countries, including France, Italy, and Belgium, have already embraced similar legislation.
Employee Perspectives
Employees worldwide grapple with burnout due to constant connectivity. The right to disconnect acknowledges that rest and diversion enhance productivity and creativity.
Iceland’s experiments with reduced work hours (without pay cuts) demonstrated less stress and sustained productivity.
While legislation sets specific hours for disconnecting, a focus on employee autonomy is crucial. Creative work doesn’t always fit within rigid schedules.
Allowing employees to choose when and how to disconnect maximizes well-being and performance. Perhaps someone works best after a midday run, while another thrives during late evenings.
India’s Stance on “Right to Disconnect”
India has seen discussions around the right to disconnect. In 2018, MP Supriya Sule drafted a Private Member’s Bill advocating for this right.
Although the bill didn’t progress, it highlighted the need to respect employees’ personal lives and reduce work-related stress.
The right to disconnect isn’t just about clocking out; it’s about preserving mental health, creativity, and motivation.
As technology blurs work-life boundaries, India should seriously consider legislation that empowers employees to unplug, recharge, and thrive.
SightsIn Plus Survey and HR and Legal Expert Opinion
We did a survey recently on LinkedIn where we asked Whether India should have Australia like ‘Right to Disconnect’ law.
Of all respondents, 91% voted for Yes, and only 9% voted for No, asserting that the company should manage this.
With the EY employee death and Bajaj Finance manager’s suicide making the headlines, SightsInPlus got in an interaction on the topic “Does India Need Employee Wellbeing Law Like Australia ‘Right to Disconnect'”.
Our panelists, Dr. GP Rao, Founder, and Managing Partner– GPR HR Consulting LLP, and Ms.Suma R V, Partner Labour and Employment at KSK Advocates & Attorneys shared their insights.
Dr. GP Rao stated, ‘In a large country like ours with multiple states, multiple cultures, multiple sectors, formal and informal, we must have legal support for any implementation”.
He added, “Legal mandate works unless the corporates and as well as the society support so this is a typical Indian situation”.
Commenting on Australia’s Right to Disconnect rules, Ms. Suma explained that the law does not provide employees with an absolute right to disconnect after working hours.
She further clarified, “It allows companies to reasonably contact employees when necessary.”
Panelists suggested that employers take an active role in employee well-being, while also emphasizing the need for collaboration among the government, society, and industry.
Additionally, they encouraged employees to prioritize their health.
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