Author: Aman Anand is a second-year student in Rajiv Gandhi National University of Law, Punjab
The blog argues for the implementation of the right to disconnect in India to address employee burnout and work-life balance issues. It highlights Australia’s recent bill to address the right to disconnect, comparing India’s existing labour laws with international practices, highlighting how they fall short in addressing this issue and the need for specific legislation to protect employees from excessive work demands outside of regular hours. The author emphasises the importance of this right for a healthier, more productive workforce and a fairer work environment, taking in cues and suggestions from the implementation of the same in other jurisdictions.
Introduction
Recently, Australia passed a bill granting employees the right to disconnect from work, allowing them to ignore calls or messages outside ordinary hours. A rare break for employees in this work-drenched economy, and a long-forgiving consideration of employers, laws about the right to disconnect have been passed in a few countries aiming to prevent employees from being overworked and allow them enough respite for rest and personal matters. India, which has been stung with serious issues related to employee burnout and work-life balance, needs relief for its employees. With a rapidly growing economy, the rise of businesses, startups and a demanding corporate culture, it is crucial for India to implement an employee’s right to disconnect to safeguard employees’ rights and promote a fair work-life balance. In this blog, the author will argue for the implementation of the right to disconnect in India, comparing existing labour laws with other jurisdictions that could support this initiative, ensuring a healthier, more productive workforce and a more equitable work environment.
History
EU defines the Right to Disconnect as “a worker’s right to be able to disengage from work and refrain from engaging in work-related electronic communications, such as emails or other messages, during non-work hours.”
Stemming from Article 24 of the Universal Declaration of Human Rights (“UDHR”) and Part III, Article 7 of International Covenant on Economic, Social and Cultural Rights (“ICESCR”) highlighting the right to leisure, the right to disconnect as a concept was first brought to light in 2001 through a decision by the Labour Chamber of the French Supreme Court ruling that workers do not have to work from home. The rapid growth in technology overpowered the work life in such a way that an employee had to work after the working hours from home, which can be seen as an extension of working time, leading to insufficient time for a person to spend on leisure. In light of this, the French government enacted El Khomri Law in 2017, whereby Article L. 2242-8 of Labour Code had been amended to grant employees the “right to disconnect” from digital tools during off-duty hours so that they might have time for rest and personal life. The example set by France was followed subsequently by other countries such as Spain, Slovakia, Philippines, Canada, Australia, Ireland etc.
Analysis
Current Indian Scenario
MP Supriya Sule brought forward the Right to Disconnect Bill in 2018 aiming to ensure that the employees could keep a healthy balance between work and personal life applying to businesses with over 10 workers. The bill aimed at giving employees the power to ignore work messages after hours without worrying about consequences. Companies would need to create their own policies that respect this right to disconnect or they could face penalties. As of now, Parliament hasn’t passed this bill.
Existing labour laws have a say on overtime work and providing benefits to employees for the same. Section 51 of the Factories Act 1948 prevents any worker from working more than 48 hours a week with Section 54 limiting daily working hours to nine and Section 59 providing for overtime. Occupational Safety, Health and Working Conditions (OSHW&C) Code 2020 provides for the employer to set up working hours daily as prescribed by the government under Section 33(a)(ii). After-work communication does not fall under the legal ambit of overtime work. The establishment of right to leisure in Indian jurisdiction currently lacks laws related to post-work communication between the employer and the employee.
International Perspective
The nature and urgency of the reason for contact, the method of contact, whether the employee is paid for working outside of regular business hours, the extent of the employee’s responsibility within the organization, and the employee’s personal circumstances are all factors that Australia’s laws protecting employees outline to determine whether contact outside of working hours is reasonable. The word “unreasonable” refers to a number of variables, such as overtime pay, the reason for the interaction, and how it affects the worker’s welfare. Although the law recognizes the necessity of occasionally communicating after hours, its main goal is to stop the exploitation of employees who are only paid during their assigned work hours. Similarly, in Argentina, teleworking laws offer employees a right to virtual disconnection, which aims to avoid employees being contacted during non-working hours, while on leave or during absences for illness. For Thai remote workers, employees are not obliged to respond to any form of communication outside their normal working hours, except where the employee has given prior written consent. Spain, which was one of the first guarantees employees a right of digital disconnection, the right to rest, and the right to a work-life balance with failure to comply with certain aspects of the requirements leading to monetary fines.
A Need for Implementation in India
The Supreme Court in Francis Coralie Mullin vs The Administrator, Union Territory of Delhi held that protecting the right to health has expressed that “life” in Article 21 means a life with human dignity and not mere survival or animal existence. The term “right to life” refers to a wide range of rights, such as the ability to support oneself, a higher standard of living, clean working environments, and leisure time. Extended work hours have been linked to decreased sleep quality and symptoms of depression and a strong link has been discovered between heart disease and overwork. The expectation on employees to work after hours will overwork for the, and may cause several issues resulting in deteriorating mental and physical health.
A study by UKG Workforce Institute showed that almost 78% of people in India experience job burnouts. Couple it with the 24-hour availability clock and the lives of individuals become hectic, with them not being able to separate time between their personal and professional lives. With such a high burnout rate and it affecting an individual’s work-life balance, it is evident that with the breach in rights of the individual, there should be regulations to ensure that the employees get a fair work-life balance, as not only it will support the individuals in the long run, it would also lead to better economic growth.
Suggestions
India could take cues from other jurisdictions to come up with regulations to protect the right of the nation’s workforce. Since, the bill had not yet been passed in the Parliament, the concerned Ministry of Labour and Employment could put out regulations regarding this particular issue. The employers could form guidelines related to after work communications such as restricting after-work calls as can benefit the employees a lot. An approach could also be taken by worker unions to negotiate for a right to disconnect from the workplace, either by best human-resource practice, setting up industry standards or contractual terms. Further, the definition of overtime work could also extend to remote working from home, where the relevant compensation could apply for the same.
Examples of jurisdictions like Spain could be taken, where the expected work-hours should be mentioned in the employment contract and the employer has to respect the right to disconnect of the employee, which on its non-compliance could lead to monetary fines. Further, the example of employment contract could be taken from Thailand, where the contacting the employee after-work hours should only take place if the employee has given prior consent to it. Regulations could be set up in India to restrict post-work calls and to specify the same in employment contracts. Argentinian telecommunication laws could be taken in light, and policies to prevent contact from the workplace when an employee is on a leave or is absent due to sickness. Recent proposals in Karnataka called for a 70-hour work week and a 14-hour workday. Adding to the already high-cap of 12-hours per-day, a 14-hour workday will be detrimental to the health of employees. In example of this, states could reduce the cap for maximum working hours in a day, where non-compliance could lead to penalties.
Conclusion
In conclusion, to protect the rights of workers, India needs to regulate after-work communication and 24-hour availability of the employees. International examples like Spain and Argentina offer valuable insights. India could adopt similar regulations, such as restricting after-work calls, defining overtime work to include remote work, and setting clear working hours. Implementing these measures would safeguard employees’ mental and physical health, improve work-life balance, and boost productivity. It’s crucial to prioritize the well-being of workers and ensure a fair work environment.
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