Right to Disconnect
Context
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Right to Disconnect Bill introduced as a Private Member’s Bill.
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Comes after consolidation of labour laws into four Labour Codes.
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Responds to challenges posed by digitalisation of work and constant connectivity.
What is the Right to Disconnect?
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Right of employees to not respond to work-related calls, emails, or messages beyond prescribed working hours.
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Aims to protect work–life balance, mental health, and personal autonomy.
Key Issues Highlighted in the Bill
1. Ambiguity in Definition of “Work”
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Indian labour law lacks a clear definition of digital work.
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Bill regulates after-hours communication but does not clarify whether it constitutes “work”.
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Creates a gap between:
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Regulation of communication
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Regulation of working hours and overtime
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➡️ Result: Right functions more as a behavioural norm than an enforceable labour standard.
2. Interaction with Labour Codes
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Occupational Safety, Health and Working Conditions Code, 2020 governs:
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Working hours
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Overtime
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Bill does not integrate digital engagement into this framework.
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Fails to clarify:
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Whether after-hours digital tasks count as working time
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Whether refusal affects overtime entitlements
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3. Mandatory Right vs Contractual Term
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Unclear whether:
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Right to Disconnect is a mandatory labour standard, or
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Can be modified through contracts, employer policies, or agreements
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Raises concerns about unequal bargaining power.
Comparative Perspective
European Union
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Employer control is the key test for defining “work”.
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ECJ judgments (SIMAP, Jaeger, Tyco):
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On-call time, standby, and availability under employer control = working time.
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Emphasis on substance over form.
France
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Distinguishes clearly between:
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Working time
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Rest time
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Digital communication regulated through collective bargaining.
Germany
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Enforces strict working time and rest period norms.
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Strong legal backing for employee disengagement.
➡️ Core question raised:
“When does an employee’s time belong to the employer?”
Constitutional Dimension
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Right to Disconnect linked to Article 21 (Right to Life & Personal Liberty):
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Autonomy
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Dignity
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Mental well-being
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Bill does not articulate its constitutional basis.
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Leaves unresolved whether the right is:
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Purely statutory, or
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An extension of fundamental rights in the workplace
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Significance
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Acknowledges blurring of work and personal life in digital economy.
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First formal attempt to address constant connectivity in Indian labour law.
Limitations of the Bill
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No definition of digital labour.
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Not integrated with labour codes on working hours.
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Ambiguous enforceability.
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No explicit constitutional grounding.
Conclusion / Way Forward
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Right to Disconnect must be linked with:
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Clear definition of working time
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Employer control and availability standards
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Requires harmonisation with existing labour codes.
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Constitutional anchoring under Article 21 would strengthen enforceability.
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Bill should be viewed as a starting point, not a complete solution.
