Source: The Hindu 

Introduction 

Right to disconnect is a right to enjoy a healthy personal life once a person has completed his office hours. 

• This has been a subject of discussion in recent past due to death of an EY employee allegedly due to work pressure.  

What is Right to Disconnect? 

• As per the study by ADP Reasearch Insitute 49% of the Indian workers said workplace stress negatively impacts their mental health. 
• A French politician Benoit Hamon said that employees physically leave the office but they do not leave their work.    
• Right to disconnect is a right to enjoy a healthy personal life once a person has completed his office hours.

What are the Laws on Right to Disconnect Around the World?  

• France 
  • The Labour Chamber of the French Supreme Court ruled in 2001 that an employee is under no obligation to work from home or take home files and working tools. 
  • This decision was subsequently confirmed by the highest Court of judiciary. 
  • The Court held that the fact that the employee was not reachable on his cell phone outside working hours cannot be considered as misconduct. 
• Portugal 
  • Portugal has a right to disconnect law which makes it illegal for employers to contact employees outside working hours except in emergencies. 
• Spain 
  • Article 88 of the Organic Law on the Protection of Personal Data and Guarantee of Digital Rights in Spain provides for the same. 
  • Public workers or employees shall have the right to switch off device in order to guarantee that outside of legal or conventionally established working hours their time off leave and holidays are respected in addition to their personal and family privacy, with the aim of promoting a good work-life balance. 
• Ireland 
  • Ireland has also recognized a right to disconnect for employees.  
• Australia 
  • Australia passed the Fair Work Legislation Amendment which gave employees the right to disconnect from work outside of working hours.

What is the Position of Right to Disconnect with Regard to India? 

• Constitution of India, 1950 (COI) 
  • Article 38 
    • It mandates that State shall strive to promote welfare of people. 
  • Article 39 (e) 
    • It directs the State to direct it’s policy towards securing the strength and health of it’s workers.  
• Vishakha v. State of Rajasthan (1997) 
  • The Court in this case laid down guidelines to prevent sexual harassment of women at workplace. 
  • The Court recognized the right to dignity at the workplace and issued guidelines to ensure that there is a safe working environment for women  and gender equality.   
• Ravindra Kumar Dhariwal and ors v. Union of India (2021) 
  • The Court read Article 14 to include ideas of inclusive equality to reasonably accommodate persons with disabilities. 
  • Justice DY Chandrachud said that an employer must consider an employee’s individual differences and capabilities. 
• Praveen Pradhan v. State of Uttaranchal (2012) 
  • The High Court of Uttarakhand held that under the pretext of administrative control and discipline, a superior officer cannot be left to enjoy extreme liberty to make intense humiliation and scolding inhumanly in front of all the subordinate staff members for a little lapse.  
• Private Member Bill 
  • In 2018, MP Supriya Sule introduced a Private Member Bill in the Lok Sabha, which delineated the right to disconnect from work after working hours. 
  • The Bill included the provision of a penalty of 1% of the total renumeration of all employees to be paid by companies for noncompliance with its provisions.

Conclusion

Right to disconnect is a right that is recognized in several jurisdictions. In India however there are no steps taken in this regard. With the rise of office related stress all across the country there is a need to fill this void by enacting a new legislation.