How Disconnected is Disconnection?: A Critical Analysis of the Employee Right to Disconnect

Abstract

The research examines the efficacy of the recent global trend of employee right to disconnect.The proliferation of Information and Communication Technologies (ICT) and Mobile use has compelled the employees to continue working even after the regular working hours, jeopardizing the work-life balance and the right to leisure. To make the matter worse, this supplemental teleworking is often unpaid overtime. However, the international legal regime has hardly addressed this problem. The deleterious impacts of this culture of permanent availability made France introducing employee right to disconnect, creating a global push towards implanting this digital right to their legal contexts. This is qualitative research primarily rooted in international conventions, agreements and labor legislation, agreements and case law in France, Italy, Spain, and Germany. Secondary sources such as commission reports, texts of authority and research studies have been used in finding answers to the research problem. The paper critically evaluates the efficacy of prevalent international legal framework in overcoming the challenges of permanent availability and assesses the efficacy of the recent legislative approaches in assuring the right to disconnect. The paper further explores the alternative mechanisms available in the global context to the prevalent legislative responses. By way of comparative analysis, reforms are suggested for a sustainable right to disconnect.