Has your employer ever assigned you a task at 5 PM on a Friday, only to demand an update first thing Sunday morning? Do your colleagues routinely schedule virtual meetings after hours, shaming you or questioning your work ethic if you resist? Or does your line manager constantly text or email you for work updates without being mindful of time and boundaries?
In contrast, some countries legally allow workers to ignore their manager’s “urgent” emails sent after working hours. Did you know that Nepalis work more than the mandated 48 hours per week, especially white-collar workers?
The Concept and International Cross-Analysis
The tenets of the Right to Disconnect are not very complicated. It does not make it illegal for workplaces to contact employees after work hours, but it gives employees the right to refuse to monitor, read, or respond to any work-related communication outside of their working hours.
With the rise of technology in the past decade, the boundaries between work and private life have blurred. Employees have become easily accessible anytime and anywhere, especially after the remote work culture that emerged during COVID-19. The idea is simple—you are not getting paid for 24 hours a day, so you should not be penalized for not being available 24 hours a day.
Working time is a core component of social justice, a principle established at the end of the First World War in the Treaty of Versailles. It was also the first international labor standard agreed upon by workers, employers, and governments worldwide.
More than 20 nations, most recently Australia, have introduced the Right to Disconnect. Studies conducted a few months ago showed that an average Australian worked five hours of unpaid labor per week—equivalent to more than a month of free work in a year.
France is a pioneer in protecting employees' time and aims to tackle the “always-on” work mentality, emphasizing the importance of prioritizing mental health in the workplace. The *El Khomri Law* (2016) has encouraged businesses to reshape their approach to work expectations, refocusing on fair labor practices in today’s digital world, where work is no longer tied to a physical location.
Mental Health and Human Rights
Similarly, Canada’s Bill 27 - Working for Workers Act (2021) in Ontario, though not as strict as the French legislation, paved the way for the Right to Disconnect at the federal level in April 2024. Spain, in 2021, introduced one of the most comprehensive legal frameworks for the Right to Disconnect after the rise in unfair labor practices following the COVID-19 remote work culture. These countries are top performers in the OECD work-life balance index.
Meanwhile, American firms are notorious for resisting the Right to Disconnect provisions, arguing that such laws could hinder human resource management.
The Barriers and the Answers
Advocates worldwide are debating how best to implement this legislation. The answer lies in categorization—adopting a blanket approach at the national level while implementing specifically tailored policies at the sectoral or firm level.
Provisions like the Right to Disconnect are difficult to enforce unless private firms integrate them into company policies and recognize the importance of employee mental health and labor rights—both of which are crucial human rights components.
Some prominent Indian corporations, such as Tata Consultancy Services, have implemented flexible work schedules and acknowledge the value of balancing work and family life. However, in the quest to become the world’s largest economy, some businessmen, like NR Narayana Murthy, advocate for a 70-hour work week.
As India moves towards legalizing the Right to Disconnect, MPs like Shashi Tharoor have addressed the issue in Parliament, calling it essential legislation and stating that “inhumanity in the workplace shall be legislated out of existence.”
Technology plays a dual role in this scenario. Tools like auto-email replies and app timers can enforce disconnection policies by establishing clear work boundaries. However, technology also fuels overwork by making employees constantly reachable. This paradox highlights the need for intentional design and mindful use of technology.
Elon Musk predicted that the integration of AI could lead to a future where work becomes indistinguishable from play, allowing more leisure time. A human-centered approach to technology should be at the core of workplace transformations. Until then, redefining workplace dynamics and promoting healthy boundaries is essential.
However, the reality is that this law will not be effective as long as overworking remains a predominant cultural norm. Changing this will require more than just legislation—it will need a broader acceptance of the fact that work is a crucial part of life, but it should be done out of choice, not obligation or fear of punishment. The responsibility for setting these boundaries must start with workers themselves. Without an internal shift, achieving the Right to Disconnect will remain a distant goal.
Mitigating Productivity Guilt: A Path to Mental Well-Being
While working productively is important, it is equally crucial to give our minds the rest they deserve. The core element of ILO 155, ratified by 84 countries, recognizes occupational safety and health—including mental health—as a fundamental principle and right at work.
Setting strict boundaries in the workplace and adhering to them is essential. Overworking and constant availability significantly harm mental health. Always being "on-call" keeps individuals in a continuous state of stress, leading to burnout, which results in exhaustion, detachment, and decreased productivity. The fear of missing out or delayed responses adds to anxiety, leaving people constantly on edge.
This harmful cycle of stress underscores the importance of boundaries, such as the Right to Disconnect, to safeguard mental well-being.
Disconnecting from work has significant psychological benefits. It reduces stress by allowing the brain to regulate emotions and recover, preventing burnout, and sustaining long-term productivity. Furthermore, stepping away from work strengthens personal connections and family bonds, allowing individuals to be fully present in their relationships. This quality time enhances emotional intimacy, builds a stronger support system, and improves overall well-being.
Findings from the World Health Organization highlight the harmful effects of overworking and the lack of boundaries on mental health. Scheduled tech-free breaks offer a simple yet effective solution, helping the brain reset, boosting creativity and focus, and improving emotional stability.
Balanced Time-In and Time-Out
The Right to Disconnect is a crucial development in labor laws and human resource management. However, we must stop glorifying around-the-clock work culture. The absence of sleep, a healthy diet, exercise, relaxation, and time with family and friends should not be seen as badges of honor. Too many people wear burnout as an achievement—this mindset needs to change.
The Right to Disconnect should be integrated into occupational safety and health policies in every workplace. Employers must take responsibility for enforcing these policies, while workers should recognize and address productivity guilt.
Every worker deserves the Right to Disconnect, and it should be upheld in all workspaces. It is high time we start giving employees the time and space they deserve, as mandated by law, and begin treating them like humans, not robots.
