The right to disconnect in an ‘always-on’ economy

UPSC Syllabus Topic: GS Paper 3 –Indian Economy – Employment and labour productivity.

Introduction

Digital tools have removed the clear boundary between work and personal life. Smartphones and laptops have turned evenings, weekends, and holidays into work time. Constant availability is now treated as commitment. This culture is harming health, productivity, and social stability. India needs a legal right to disconnect to protect workers from burnout and overwork. The right to disconnect in an ‘always-on’ economy.

Right to Disconnect

The Right to Disconnect is a proposed legal entitlement for employees to disengage from work-related digital communications—such as emails, calls, and messages—outside of their official working hours without facing professional repercussions.

In India, a Private Member’s Bill has been proposed to amend the Occupational Safety, Health, and Working Conditions Code, 2020 to formally recognise this right and extend protection to all employees.

Why India needs the right to disconnect

1. Excessive working hours: India has extremely long working hours. Around 51% of workers work more than 49 hours a week. This places India among the highest globally for overwork. Such long hours are not sustainable.
2. Widespread job burnout: About 78% of employees report job burnout. Continuous work pressure causes physical and emotional exhaustion. Burnout reduces concentration and decision-making ability.
3. Serious health consequences: Poor work-life balance contributes to hypertension, diabetes, anxiety, and depression. Work-related stress linked to constant availability accounts for 10–12% of mental health cases. This increases pressure on public health systems.
4. Decline in work quality: Fatigued workers are more prone to mistakes. Long hours reduce creativity and efficiency. Measuring work by time instead of output harms productivity.
5. Gaps in India’s current legal framework

• Limited coverage of existing laws: The Occupational Safety, Health, and Working Conditions Code, 2020, fixes working hours mainly for traditional workers. Many employees remain outside its protection.
• Vulnerability of new-age workers: Contractual, freelance, and gig workers often lack clear working hour limits. They face pressure to remain available at all times.
• Unequal power relationship: Employees fear punishment or job loss for ignoring after-hours communication. This fear prevents them from setting boundaries and worsens exploitation.

What the right to disconnect seeks to achieve

1. After-hours protection: Employees should not be compelled to answer work-related calls, messages, or emails beyond fixed working hours. Non-response during personal time should not be treated as misconduct.
2. Non-discrimination safeguard: Exercising the right to disconnect should not lead to disciplinary action, denial of promotion, adverse appraisal, or termination. Career progression must remain unaffected.
3. Grievance mechanism: A formal system is required to report violations of this right. Effective resolution ensures the provision is enforceable and meaningful.
4. Workplace dignity: The right to disconnect allows employees to rest without fear of professional consequences. It protects physical and mental health and preserves personal time.

Global best practices

1.,Global recognition: The ‘always-on’ work culture is recognised worldwide as a serious challenge. Many countries have responded through specific labour protections.

2.,Early adopters: France introduced the right to disconnect in 2017. Portugal, Italy, Ireland, and Australia later adopted similar safeguards for workers.

3. Workplace protocolsEmployers are required to define clear rules for after-hours communication. These rules ensure that employee downtime is respected.
4. EU working-time test: The European Union treats employer control as the key test for working time. Availability under employer direction is counted as work.
5. French approach: France clearly separates working time and rest time. Any period where the employee remains under employer control is treated as working time.
6. German standards: Germany strictly enforces limits on working hours and mandatory rest periods. These rules protect employees from excessive work demands.
7. Lessons for India: These global practices help clarify when employee time belongs to the employer. They provide guidance for setting clear work and rest boundaries.

Way forward

1. Central amendment: Amending the Occupational Safety, Health, and Working Conditions Code, 2020 can provide a clear legal basis for the right to disconnect. Uniform rules will reduce uneven enforcement.
2. National uniformity:,Kerala has introduced legislation for the local private sector to address after-hours work demands. This shows recognition of the problem but also underlines the need for national coverage.
3. Inclusive scope:,The amendment should cover contractual, freelance, and gig workers. This closes existing gaps in worker protection.
4. Mental health integration: The right to disconnect should be linked with mental health support at the workplace. This makes employee well-being part of occupational safety.
5. Cultural shift: Workplace norms must move away from valuing long hours and constant availability. Output and quality should be valued over presenteeism.
6. Awareness building: Employees and managers need training on healthy digital work practices. Sensitisation programmes can support effective implementation.

7.,Support systems: Counselling and psychological services should become routine workplace provisions. These services help workers manage stress and recover effectively.

Conclusion

The right to disconnect is vital for India’s workforce and economic future. Excessive work hours, burnout, and stress threaten public health and productivity. Legal protection, cultural change, and mental health support must work together. By safeguarding personal time, India can protect its demographic dividend and build a sustainable, resilient, and productive economy.

For detailed information on Right to disconnect – Significance and Challenges read this article here

Question for practice:

Examine how the ‘right to disconnect’ addresses the challenges of an always-on work culture in India and assess the need for a uniform legal framework in light of global best practices.

Source: The Hindu