The death of an Ernst & Young (EY) employee in September, allegedly due to work pressure, brought attention to the extreme stress in workplaces. This tragic event  highlights the growing need for a “right to disconnect” to protect workers’ mental and physical well-being.

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The Global Context of the Right to Disconnect

The right to disconnect allows employees to disengage from work-related tasks outside of their official working hours, ensuring better work-life balance and mental health.

• Global Examples:
  • France: In 2001, the French Supreme Court ruled that employees are not obligated to work from home or take home files and working tools.
  • Portugal: The Right to Disconnect law makes it illegal for employers to contact employees outside of working hours unless in an emergency.
  • Spain: Article 88 of the Organic Law 3/2018 guarantees public employees the right to switch off devices and ensures respect for personal time and family privacy.
  • Ireland: Recognized the right to disconnect for employees.
  • Australia: In 2023, the Australian Parliament passed the Fair Work Legislation Amendment, granting employees the right to disconnect outside of working hours.

India’s Current Situation

• Lack of Specific Laws: While India does not have laws explicitly recognizing the right to disconnect, there are provisions in the Constitution’s Directive Principles of State Policy[(Article 38 and Article 39(e)], and various judicial rulings that emphasize workers’ welfare and health. 
• Judicial Rulings:
  • Vishakha v. State of Rajasthan (1997): Recognized the right to dignity at the workplace and issued guidelines to prevent sexual harassment.
  • Ravindra Kumar Dhariwal Case (2021): Stressed that employers should be sensitive to individual differences and respect the rights of employees, including those with disabilities.
  • Praveen Pradhan v. State of Uttaranchal (2012): Uttarakhand High Court held that administrative control cannot justify inhumane humiliation by superiors.

Way Forward

• Recognize Workplace Dignity: Despite judicial recognition of workplace dignity and mental health concerns, violations persist. Legislative action is needed to ensure comprehensive enforcement.
• Legislate the Right to Disconnect: India must introduce laws to formally recognize employees’ right to disconnect from work outside office hours, ensuring a healthier work-life balance.
• Debunk Productivity Myths: Contrary to the belief that overworking enhances productivity, research by the University of Oxford and BT confirms a positive correlation between employee happiness and productivity. Employers must prioritize psychological well-being to improve outcomes.
• Integrate Employee Well-being in Growth Goals: As India strives to become the third-largest economy by 2030, recognizing the right to disconnect will boost productivity, support sustainable economic growth, and enhance the quality of life for employees

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Conclusion

Enacting right-to-disconnect legislation in India would safeguard workers’ rights, promote better mental health, and enhance workforce productivity. Aligning with global standards, this step ensures stronger protections and fosters a healthier work-life balance for Indian employees.

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