Disconnecting digitally beyond working hours: a legal and comparative study on the right to disconnect

Resumo

Purpose: The study examines the emergence of the Right to disconnect as a resolution to workplace digital connectivity issues. It explores the legal, constitutional, and ethical aspects of this right, comparing the standards of work-life balance. The study mainly emphasizes the legal recognition and implementation of the Right to disconnect to promote work-life balance, mental health, and the dignity of labor in a digital and remote-working environment, outlining the negative effects of constant connectivity on employee well-being. Design / Methodology: The research uses a doctrinal legal approach to focus on the statutes, court decisions, academic literature, and international legal frameworks relating to the Right to disconnect. Comparative analysis evaluates France, Germany, Italy, and Spain’s laws and policies in relation to India. A constitutional interpretation of Indian law, specifically Article 21, is used to determine whether this right can be incorporated into domestic law. Practical Implication: In a digital work culture, India requires a well-defined legislative framework to guarantee employees’ right to disconnect, supporting policy reforms that encourage work-life balance, mental health, and their impact on well-being. The study also helps policymakers, employers, and HR managers to take note of employee well-being and the framework code of work accordingly. Findings/Outcome: The research indicates that the Right to disconnect is required for preserving employees’ mental health, ensuring and increasing productivity, and work-life equilibrium in the digital era. In India, despite constitutional provisions supporting this freedom, there is a lack of clear legislation and guidelines for the corporate to disconnect the employee after leaving the workstation.