<p>Discussions around the right to disconnect have catapulted to centre stage with the introduction of the Right to Disconnect Bill, 2025, tabled in Parliament by MP Supriya Sule. The private member’s bill seeks to establish clear, enforceable boundaries between professional demands and personal time. Its objective is to foster a better quality of life, promote work-life balance and reduce burnout caused by constant digital connectivity.</p>.<p>The right to disconnect allows employees to disengage from work during non‑working hours. Employees can choose to ignore work‑related communication outside official schedules or on holidays. The bill mandates the establishment of an Employee Welfare Authority, tasked with conducting baseline studies, monitoring compliance and negotiating terms and conditions for after‑hours work engagements. Every individual entity that violates this right may face penalties amounting to 1% of their total employee remuneration. One of the important aspects of the bill is that it fosters employee wellness and provides for counselling services and the establishment of digital detox centres. </p>.<p>The right to disconnect is not yet a statutory right in India. Article 21 of the Constitution guarantees the right to life and personal liberty. The right to life also encompasses the right to health and dignity. However, the new labour codes, including the Occupational Safety, Health and Working Conditions Code, do not explicitly provide for a right to disconnect. While these codes address issues related to working hours and overtime, they remain silent on after‑hours work. Some Indian companies, such as Motilal Oswal Financial Services, have taken proactive steps by informally incorporating policies that discourage emails after 7 pm.</p>.<p>Several countries have enacted or recognised the right to disconnect. It first emerged as a legal right in France in 2016 and quickly spread to other European nations. The El Khomri Law, a national legislation in France, formally introduced this right. Spain recognises this right across both public and private sectors. In Italy, the right to disconnect was acknowledged through legislation on “smart working”, which is defined as work with no precise constraints on hours or place of work. In Belgium, the right to disconnect was implemented in 2023 through the Labour Deal (Act of 3 October 2022 on various labour provisions), requiring private‑sector companies with 20 or more employees to formalise rules. In Asia, the Philippines has also proposed legislation granting employees the right to ignore after‑hours calls and messages.</p>.<p>In a globalised world, with remote work gaining traction, many employees are compelled to remain on long calls after work hours. This adversely affects mental health, disrupts family life, triggers anxiety and stress and deteriorates overall well‑being. In extreme cases, increasing work pressure has even driven people to suicide. Advocates of the right to disconnect argue that it protects mental health, enhances efficiency and productivity, and fosters gender equality. It plays an important role in preventing digital fatigue. Researchers in organisational psychology stress the need for clear psychological and temporal boundaries between work and non‑work. Yet the always‑on culture enabled by digital connectivity collapses these boundaries, leading to role conflict, stress spillover and an inability to psychologically detach.</p>.<p>Studies published in journals such as Information Systems Research and Computers in Human Behaviour show that constant digital connectivity leads to technostress, digital fatigue, emotional exhaustion and sleep disruption. Critics of the right to disconnect argue that it reduces business flexibility, poses enforcement difficulties and may have negative economic impacts, among other concerns. Nevertheless, the right to disconnect is seen as part of 21st‑century labour rights. It aligns with the International Labour Organisation’s Decent Work Agenda, which promotes rest, humane working hours and worker dignity. Sonnentag and Fritz (2015) observe that psychological detachment from work is essential for well‑being, and legal protection helps institutionalise this detachment. Allen et al. (2021) similarly state that constant availability undermines work‑life balance and increases burnout.</p>.<p>The right to disconnect is seen not merely as a labour right but as a mental health imperative. For India, enacting such a law is essential to recognise and operationalise this right in crafting a humane future of work. Ultimately, the right to disconnect is not about curbing efficiency, but about redefining sustainable work. It stands as a modern safeguard against an ancient truth: ‘Humans are not machines’.</p>.<p><em>(The writer is a professor, School of Law, Christ University)</em> </p>
<p>Discussions around the right to disconnect have catapulted to centre stage with the introduction of the Right to Disconnect Bill, 2025, tabled in Parliament by MP Supriya Sule. The private member’s bill seeks to establish clear, enforceable boundaries between professional demands and personal time. Its objective is to foster a better quality of life, promote work-life balance and reduce burnout caused by constant digital connectivity.</p>.<p>The right to disconnect allows employees to disengage from work during non‑working hours. Employees can choose to ignore work‑related communication outside official schedules or on holidays. The bill mandates the establishment of an Employee Welfare Authority, tasked with conducting baseline studies, monitoring compliance and negotiating terms and conditions for after‑hours work engagements. Every individual entity that violates this right may face penalties amounting to 1% of their total employee remuneration. One of the important aspects of the bill is that it fosters employee wellness and provides for counselling services and the establishment of digital detox centres. </p>.<p>The right to disconnect is not yet a statutory right in India. Article 21 of the Constitution guarantees the right to life and personal liberty. The right to life also encompasses the right to health and dignity. However, the new labour codes, including the Occupational Safety, Health and Working Conditions Code, do not explicitly provide for a right to disconnect. While these codes address issues related to working hours and overtime, they remain silent on after‑hours work. Some Indian companies, such as Motilal Oswal Financial Services, have taken proactive steps by informally incorporating policies that discourage emails after 7 pm.</p>.<p>Several countries have enacted or recognised the right to disconnect. It first emerged as a legal right in France in 2016 and quickly spread to other European nations. The El Khomri Law, a national legislation in France, formally introduced this right. Spain recognises this right across both public and private sectors. In Italy, the right to disconnect was acknowledged through legislation on “smart working”, which is defined as work with no precise constraints on hours or place of work. In Belgium, the right to disconnect was implemented in 2023 through the Labour Deal (Act of 3 October 2022 on various labour provisions), requiring private‑sector companies with 20 or more employees to formalise rules. In Asia, the Philippines has also proposed legislation granting employees the right to ignore after‑hours calls and messages.</p>.<p>In a globalised world, with remote work gaining traction, many employees are compelled to remain on long calls after work hours. This adversely affects mental health, disrupts family life, triggers anxiety and stress and deteriorates overall well‑being. In extreme cases, increasing work pressure has even driven people to suicide. Advocates of the right to disconnect argue that it protects mental health, enhances efficiency and productivity, and fosters gender equality. It plays an important role in preventing digital fatigue. Researchers in organisational psychology stress the need for clear psychological and temporal boundaries between work and non‑work. Yet the always‑on culture enabled by digital connectivity collapses these boundaries, leading to role conflict, stress spillover and an inability to psychologically detach.</p>.<p>Studies published in journals such as Information Systems Research and Computers in Human Behaviour show that constant digital connectivity leads to technostress, digital fatigue, emotional exhaustion and sleep disruption. Critics of the right to disconnect argue that it reduces business flexibility, poses enforcement difficulties and may have negative economic impacts, among other concerns. Nevertheless, the right to disconnect is seen as part of 21st‑century labour rights. It aligns with the International Labour Organisation’s Decent Work Agenda, which promotes rest, humane working hours and worker dignity. Sonnentag and Fritz (2015) observe that psychological detachment from work is essential for well‑being, and legal protection helps institutionalise this detachment. Allen et al. (2021) similarly state that constant availability undermines work‑life balance and increases burnout.</p>.<p>The right to disconnect is seen not merely as a labour right but as a mental health imperative. For India, enacting such a law is essential to recognise and operationalise this right in crafting a humane future of work. Ultimately, the right to disconnect is not about curbing efficiency, but about redefining sustainable work. It stands as a modern safeguard against an ancient truth: ‘Humans are not machines’.</p>.<p><em>(The writer is a professor, School of Law, Christ University)</em> </p>
