Right to disconnect

Source: The post right to disconnect has been created, based on the article “Indians need the right to disconnect” published in “The Hindu” on 10th December 2024

UPSC Syllabus Topic: GS Paper2- Governance-Issues relating to development and management of Social Sector/Services relating to Health,

Context: The article “Indians Need the Right to Disconnect  brings to light the increasing stress and mental health challenges faced by Indian employees due to prolonged working hours and the inability to disconnect from work after office hours.

What do studies reveal about workplace stress in India?

1. A report revealed that Indian women in professional jobs like IT, media, and auditing work more than 55 hours a week.
2. Workers in marginalized and unorganized sectors face even worse working conditions.
3. A study found that 49% of Indian workers experience workplace stress that negatively impacts their mental health.

What is the right to disconnect?

1. The right to disconnect is the ability of employees to disengage from work-related communication outside official working hours.
2. It aims to ensure mental well-being and a better work-life balance.

How have other countries addressed the right to disconnect?

1. France:  The French Supreme Court ruled that employees are not required to work or respond to communication outside working hours. Not being reachable after hours cannot be classified as misconduct.
2. Portugal:  It is illegal for employers to contact employees outside working hours except during emergencies.
3. Spain: Workers have the right to disconnect to protect their privacy and ensure their leave and holidays are respected.
4. Australia: The Fair Work Legislation Amendment established employees’ right to disconnect outside working hours.
5. Ireland: Employees are entitled to disconnect from work for a healthier work-life balance.

Does India have laws for the right to disconnect?

1. India does not have specific laws recognizing the right to disconnect.
2. The Constitution and judicial pronouncements emphasize the need for a healthy and dignified work environment.

What constitutional provisions support workplace well-being?

1. Article 38 mandates the State to promote public welfare.
2. Article 39(e) directs the State to protect workers’ health and strength.

What judicial rulings reinforce workplace dignity?

1. In Vishakha v. State of Rajasthan (1997), the Supreme Court recognized the right to dignity and provided guidelines to ensure workplace safety.
2. In Ravindra Kumar Dhariwal v. Union of India (2021), the Court called for reasonable accommodations for workers with disabilities.
3. In Praveen Pradhan v. State of Uttaranchal (2012), the High Court stated that workplace discipline should not involve humiliation or inhumane treatment.

Has there been any legislative action?

1. In 2018, MP Supriya Sule introduced a Private Member Bill in the Lok Sabha to establish the right to disconnect.
2. The bill proposed a penalty of 1% of the total remuneration of employees for companies that violated the provisions.

Why is the right to disconnect important for India?

1. Recognizing the right to disconnect will enhance productivity and support employee well-being.
2. It will foster healthier work environments and strengthen India’s workforce.

By adopting such measures, India can better achieve its goal of becoming the third-largest economy by 2030.