What used to be 9 to 5 jobs have become more of 24-hour jobs. This may be attributed to the new work culture that was embraced by millions of us during the pandemic – the work from home or the hybrid work culture, which has blurred the lines between working hours and non-working hours of the employees.
Constantly scanning through work-related messages and emails can overwhelm an employee's mind to the extent of being afflicted with a condition referred to as 'info-obesity.' This state is marked by heightened stress, burnout, and sleep disturbances which was evidenced through the tragic death of 26-year-old EY employee, who lost her life due to work pressure, which has prompted companies and employers to roll out several employee-friendly measures. This is where the "Right to Disconnect" comes into play.
The Right To Disconnect Bill: Indian Context
A private member's bill was introduced in the Lok Sabha in 2018, which proposed for the establishment of an Employee's Welfare Authority which would confer the right on every employee to disconnect from work related calls and emails after the working hours and on holidays, giving them the right to refuse to respond to any work-related emails and calls outside the working hours. The Bill also proposed for the preparation of a customised charter by individual companies detailing the conditions for working out of hours reached through negotiations. It allows for the communication out of working hours only at a time which is mutually agreed to by both the employer and employee, and for which the employee is entitled to overtime at the normal wage rate.
In essence, the proposed bill does not make it illegal for the employers to send communications to the employee post working hours, it simply allows the employee to have a choice of not responding without the fear of getting penalized for the same.
Further, the "Right to Disconnect" can also be considered to fall within the ambit of Article 21. The Constitution of India by way of Article 21 guarantees to each citizen the fundamental 'Right to Life and Personal Liberty'. Over the years, there have been many interpretations by way of cases and discussions which have expanded the scope of this Article thereby including various aspects and dimensions to it.
The DPSP in Part IV of the Indian Constitution states a very strong sense of the Right to Public Health. Article 39(E) directs the state government to secure the health of workers, right to disconnect can be a step forward to provide a holistic environment to the workers.
The Supreme Court, in its various judgments has time and again stressed on the need to mandate the 'Right to Health' to come within the ambit of the Right to Life and Personal Liberty under Article 21 of the Constitution. The Supreme Court noted in the case of CESC Ltd. v. Subash Chandra Bose, that health is a state of complete physical, mental, and social well-being and not just the absence of disease or infirmity. In Bandhua Mukti Morcha v. Union of India & Ors, it was held that, 'Article 21 which guarantees the Right to Life includes the right to live and live a healthy life'. Additionally, the Supreme Court ruled in Kirloskar Brothers Ltd. v. Employees State Insurance Corporation, that it is the duty of the employer to ensure that their workers lead a meaningful life. These decisions reaffirm the importance of striking a harmony between the work and personal life of the employees.
The implementation of a "right to disconnect" could bring improvements in three key areas. Firstly, companies may experience better employee retention as workers gain greater control over their personal lives. Secondly, it could help address toxic workplace behaviours by curbing the misuse of authority. Lastly, the psychological benefits of disconnecting from work are likely to enhance productivity during working hours.
The effectiveness of this policy in India, however, would depend on the extent to which it is adopted to the peculiar work culture and economic dynamics of the nation. Rather than the imposition of stringent rules, a flexible approach, which promotes a work-life balance and is accommodative of the need for adaptability, may serve better in providing positive outcomes both for employees and employers. This can also increase the productivity of the individuals during their working hours, it also leads to increased outputs.
Shortcomings Of The Right To Disconnect
The primary challenge of the "Right to Disconnect" lies in the lack of a defined standard of 'appropriate' working hours and the varying needs of different industries and the time required to be invested by its employees. For instance, healthcare services require round the clock availability, making it difficult to incorporate this right. Further, it may also lead to delay in the completion of tasks. In a highly competitive country like India, where availability post the working hours is appreciated and hyper productivity is seen as a badge of honour, the integration of this right seems to be a big hassle. Additionally, given the country's reliance on the international market, Indian businesses frequently feel pressured to put in more effort in order to stay competitive. This makes it difficult to establish a right to disconnect since, India follows a work model which equates long working hours to high levels of dedication.
Status In Other Jurisdictions
Different nations have implemented "Right to Disconnect" laws in different ways, and some governments had this on their agendas even before the pandemic started. Since 2016, legislation granting employees the right to refuse to respond to work-related communications after their regular working hours and prohibiting sanctions for doing so has been introduced in France, Italy, and Spain. Changes in Germany have been implemented by businesses rather than by the government, with stakeholders of significant German companies negotiating what policies to put in place to ensure employees feel like they can disconnect. Recently, Australia has also given its workers the legal right to disconnect, allowing them to ignore unreasonable out of hour contact by the employers.
Conclusion
Given that various countries have already felt the need to incorporate this right, whether by the way of a new legislation or through incorporating it in the existing framework, it will be interesting to see if in India such a bill instilling the "Right to Disconnect" is passed in or if it is incorporated within the ambit of Article 21, giving it a wider interpretation. In this forever "on the go" hustle culture with cut-throat competition, is "Right to Disconnect" the way forward?
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