Why in the News?
The Private Members' Bill on 'Right to Disconnect' was recently moved in the Lok Sabha.
What is Right to Disconnect?
- Right to Disconnect is a legal protection allowing workers to disconnect from work and ignore work-related electronic communications during non-work hours.
- Based on Article 24 of the Universal Declaration of Human Rights (UDHR): 'Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.'
- Constitutional Basis of Right to Disconnect:
- Article 21: Right to Life and Liberty and dignity.
- Article 39€: State to ensure that health and strength of workers are not abused.
- Article 42: State's responsibility to ensure just and humane working conditions.
Need for Right to Disconnect
- Mental and Physical Health: Constant availability in the digital age causes insomnia, high stress, sleep deprivation, mental exhaustion etc.
- Decline in Productivity: E.g. Studies show productivity drops when working over 50 hours per week. This in turns affect the overall economic growth of the country.
- Socio-psychological impact: Overwork harms work-life balance, social relationships (e.g. isolation).
- E.g. Ernst & Young employee's death in Pune due to overwork in 2024.
- Employer-Employee Relation: The threat of disciplinary action for not being available 24/7 skews power dynamics in favor of employers.
- Gender Equity: A recent report reveals that Indian women in professional jobs, such as auditing, IT, and media, work more than 55 hours a week.
Key Caveats to Right to Disconnect
- Logistical and Compliance Requirements: Employers would need robust systems to monitor, implement, and enforce such legislation and in framing uniform policies across teams operating in multiple jurisdictions.
- Essential Services Exemption: Employees in healthcare, police, fire services, power, IT operations, and other critical sectors may be exempted during emergencies or operational needs.
- On-Call Duties: Workers with contractual on-call responsibilities may need to remain reachable, with such duties clearly defined and compensated.
- Reasonable Communication: Limited after-hours contact may be permitted for urgent or unforeseen situations, ensuring public safety or business continuity.
- Implementation Flexibility: Employers may need flexibility in policy design to accommodate regional, sectoral, and operational differences across India.
Global Position on 'Right to Disconnect'
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Conclusion
The Right to Disconnect is a timely response to digital-era overwork, aligning employee welfare with constitutional values of dignity, health, and humane working conditions. With rising stress, gendered impacts, and global precedents, a balanced legal framework with reasonable exemptions can restore work-life balance without compromising productivity or essential services.
