The tragic death of an Ernst & Young (EY) employee reportedly due to the overwhelming pressures of work, has highlighted the ‘Right to Disconnect’ as an important labor and human rights issue. 

Background

• Long Working Hours for Indian Women in Professional Jobs: Indian women in fields like auditing, Information Technology, and media work more than 55 hours a week, according to a report by The Hindu.
• Work Hours for Marginalised Sections: The working hours for women from marginalised communities, especially those in the unorganised sector, are more varied and often longer.
• Mental Health Impact of Workplace Stress: A study by ADP Research Institute reveals that 49% of Indian workers report that workplace stress negatively affects their mental health.

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About Right To Disconnect

• The Right to Disconnect empowers employees to avoid answering calls, emails, or messages related to work during non-working hours. 
  • It recognizes that constant connectivity can lead to burnout, stress, and decreased productivity, as employees anticipate work tasks even during personal time. 
  • By enshrining this right, employees gain the freedom to reclaim personal time, ensuring mental and physical well-being.
• Origin of Right to Disconnect: The concept of disconnecting from work finds its roots in Article 24 of the Universal Declaration of Human Rights (UDHR) 
  • Article 24 states that ‘Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.’

Benefits of Right to Disconnect

• Better Mental Health: Reduces stress, job dissatisfaction and prevents burnout.
• Improved Work-Life Balance: Creates clear boundaries between personal and professional life.
• Increased Productivity: Recharged employees are more focused and efficient.
• Physical Well-being: Promotes restorative sleep and reduces health risks.
• Enhanced Creativity: Time away from work fosters innovative thinking.

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Right To Disconnect In India

• India lacks specific laws recognising the right to disconnect.
• However, the Constitution, the Directive Principles of State Policy, and various judicial pronouncements have spoken of the right to work in a conducive and healthy environment.
• Provisions:
  • Article 21 of the Indian Constitution: Guarantees every citizen the Right to Life and Liberty. 

• • • The expression ‘life’ enshrined under Article 21 of the Constitution includes the right to livelihood, better standards of life, and the right to leisure.
  • Article 38 of the Constitution mandates that “the State shall strive to promote the welfare of the people”. 
  • Article 39(e) of the Directive Principles of State Policy directs the state to direct its policy towards securing the strength and health of its workers.
• Judicial Precedents in India
  • Vishakha v. State of Rajasthan (1997): The Supreme Court ruled that sexual harassment at the workplace violates fundamental rights, recognised 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 v. Union of India (2021): The Court read Article 14 to include ideas of inclusive equality to reasonably accommodate persons with disabilities. 
    • Justice D.Y. 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 prohibited workplace humiliation under the pretext of administrative control and discipline.
• Legislative Efforts in India: 
  • In 2018, a Private Member Bill was introduced 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 remuneration of all employees to be paid by companies for noncompliance with its provisions.
  • No significant progress has been made.
• Breach of Dignity In Indian Workplace: Despite the clear recognition of workplace dignity and directives for employers to be mindful of mental health concerns, as well as laws holding them accountable for violating working hours, breaches of dignity remain prevalent in Indian workplaces.

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Challenges in Implementation of Right to Disconnect

• Lack of Standard Definition: A major challenge in implementing the Right to Disconnect is the lack of a clear standard for defining appropriate working hours, which can differ widely between individuals and professions.
  • Example: IT professionals typically work 45 to 50 hours a week, with some industry leaders, such as Infosys founder Narayana Murthy, advocating for 70-hour weeks.
• Different Professions have different requirements: Professions such as security, healthcare, and emergency services require  round-the-clock availability, making a uniform measure of working hours impractical across various fields.
• Enforcement Difficulties: Enforcing right-to-disconnect laws can be challenging for small companies and startups, which often struggle to comply with rigid regulations due to limited resources and flexibility.
• Impact on Promotions and Incentives: Employees may fear that exercising the right to disconnect could negatively affect their career progression.
  • As requesting to disconnect might be perceived as a lack of commitment.
• Subjectivity in Determining Reasonableness: Deciding whether communication outside working hours is reasonable can be subjective. 
  • Example: There will be different interpretations of words like emergencies, urgent tasks,etc. which can cause potential disputes between employees and employers.
• Time Zone Challenges: For companies with global operations, managing the right to disconnect becomes more complex due to different time zones.
• Dispute Resolution: Disputes may arise regarding the implementation of the right to disconnect. 
  • Example: In Australia, unresolved disputes are initially handled internally and can be escalated to a governing body, such as the Fair Work Ombudsman, to ensure fair treatment and compliance with labor laws.
• Technological Dependence: In an increasingly digital world, where technology allows for seamless communication and collaboration, disconnecting could create operational inefficiencies, particularly in industries reliant on quick responses and dynamic working conditions.

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Way Forward

• Establish Clear Boundaries Between Work and Personal Time: Employers should implement policies that respect work-life balance, such as limiting after-hours communication. 
• Encourage Time Off and Regular Breaks: Promoting the use of vacation days, personal time, and regular breaks during the workday is crucial for employee well-being. 
  • Research shows that employees who take regular time off report higher job satisfaction and increased productivity when they return to work.
• Offer Flexible Work Schedules: Providing employees with flexible work hours allows them to better manage their personal and professional responsibilities, contributing to a healthier work-life balance.
• Foster a Culture of Disconnecting After Work: Companies should create a culture where disconnecting from work after hours is encouraged, not only accepted. 
  • Managers can set the tone by refraining from sending after-hours emails or messages and prioritizing personal time.
• Pilot Programs: Testing policies in specific industries before nationwide rollout of the Right to Disconnect.
• Support Mental Health and Well-Being: Employers should provide access to counseling services, wellness programs, and mental health days. 
  • These resources help employees manage stress, maintain mental well-being, and prevent burnout, ensuring a healthier, more productive workforce.

Conclusion

There is a need to recognise the diverse nature of work across sectors and develop a flexible framework that accommodates specific challenges while safeguarding employees’ right to disconnect.

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