The Right To Disconnect In An ‘Always-On’ Economy

The digital always-on economy has normalised 24×7 availability, eroded work–life boundaries, and fuelled burnout in India, making a strong case for a legally enforceable Right to Disconnect.

About the Always-On Economy

• Refers: It is an economic system in which work, services, markets, and communication operate continuously, enabled by digital technology and global connectivity.
  • Technologies like smartphones and laptops, meant to enhance flexibility, have become silent taskmasters, erasing the boundary between work and personal life.
• Digital Overreach and the Normalisation of Overwork: The traditional 9-to-5 workday has given way to an “anytime is work time” culture, where overwork is mistaken for dedication.
  • Evenings, weekends, and holidays are increasingly treated as extensions of the workday.

India’s Overwork Crisis- Insights from ILO Statistics

• Working Hours: According to the International Labour Organisation (ILO), 51% of India’s workforce works more than 49 hours per week, placing India second globally in long working hours.
• Job Burnout: 78% of Indian employees report job burnout, indicating systemic stress rather than isolated fatigue.

Overwork and Its Human Consequences

• Tragic Illustration of Overwork: The death of Anna Sebastian Perayil, a young employee at EY (Ernst & Young) in 2024, highlighted the fatal consequences of excessive work pressure.
• Wake-Up Call for the Workforce: The incident served as a warning for the entire workforce about the dangers of unchecked professional demands.

Impact of ‘Always-On’ Economy

• Lifestyle Diseases: Chronic work stress contributes to both lifestyle diseases and mental health disorders, including hypertension, diabetes, anxiety, and depression.
  • As per the National Mental Health Survey, work stress contributes to 10–12% of mental health cases, adding pressure on the public health system.
• Decline in Productivity: Overworked employees are more error-prone, less creative, and less productive, making long hours economically inefficient.
  • Measuring work by “Duration” rather than “Quality” is archaic.
• Physical and Emotional Exhaustion: Chronic stress results in emotional exhaustion, physical illness, and declining workplace performance.
• Structural Nature of Burnout: Burnout is no longer an individual problem but a structural outcome of toxic work cultures.

Inadequate Legal Safeguards for Modern Workplaces

• Limited Coverage of Working Hour Limits: The Occupational Safety, Health (OSH) and Working Conditions Code, 2020, limits working hours mainly for workers (mostly factory/blue-collar workers), not employees (White Collar, IT, & Management).
• Exclusion of Vulnerable Workers: Contractual, freelance, and gig workers are often excluded from adequate protection.
• High Exposure of Young Digital Workforce: Young, digitally connected workers are especially vulnerable to exploitation due to job insecurity.
• Skewed Power Relations: Fear of disciplinary action or termination prevents employees from refusing after-hours communication.
  • This creates an unequal power structure heavily tilted in favour of employers.

International Legal Responses to the Always-On Work Culture

• Early Legislative Leadership: France introduced the “Right to Disconnect” in 2017 to limit after-hours digital communication.
• Wider International Adoption: Countries such as Portugal, Italy, Ireland, and Australia have adopted similar legal protections. 
• Productivity Through Rest: These laws mandate that companies negotiate specific protocols to limit after-hours digital communication. 
  • This is a clear signal that the most developed economies understand that respecting downtime does not impede economic growth, but is a precondition for sustainable growth.

Check Out UPSC CSE Books

Visit PW Store

Proposed ‘Right to Disconnect’ Bill

• Universal Working Hour Protection: The Bill proposes amending the OSH Code to clearly limit working hours for all employees.
• Legal Protection from Retaliation: It seeks to legally guarantee that employees cannot be penalised for ignoring work communication beyond office hours.
• Institutional Grievance Mechanism: A grievance redressal mechanism is proposed for violations of this right.
• Mental Health as Occupational Safety: The Bill treats mental well-being as part of occupational safety, not merely a welfare issue.
• Inclusion of Gig and Contract Workers: It aims to protect gig and contractual workers who are currently excluded from labour safeguards.

Way Forward

• Reforming Toxic Workplace Norms: Toxic norms, such as presenteeism (the expectation to be physically or digitally present even when unproductive) and late-night emails, which are seen as a sign of commitment, must be challenged.
• Institutional Mental Health Support: Counselling and psychological support services should become standard workplace practices.
• Paradigm Shift: A shift in mindset is needed to recognise that well-rested employees are more innovative, committed, and productive over the long term.

Conclusion

India must choose between burning out its demographic dividend or embracing sustainable growth. A legally enforceable Right to Disconnect would ground productivity in dignity, health, and human well-being, proving that rest is an economic investment, not a luxury.

DOWNLOAD PDF