Private Members’ Bill on Right to Disconnect

Private Members’ Bill on Right to Disconnect

• A Private Members’ Bill on the Right to Disconnect was moved in the Lok Sabha.
  o A Private Members’ Bill is a Bill introduced by an MP who is not a Minister.
• The Bill aims to establish an Employees’ Welfare Authority.
• The proposed Authority will confer the right to disconnect from work-related calls beyond work hours.
• The proposed Authority will also confer the right to disconnect from work-related e-mails during non-work hours and on holidays.
  
  Meaning of Right to Disconnect
• The Right to Disconnect is a legal protection allowing workers to ignore work-related electronic communications during non-work hours.
• The Right to Disconnect is based on Article 24 of the Universal Declaration of Human Rights (UDHR).
  o Article 24 of UDHR states that everyone has the right to rest and leisure.
  o Article 24 also guarantees a reasonable limitation of working hours.
  o Article 24 further provides for periodic holidays with pay, reinforcing work-life balance.
  
  Need for Right to Disconnect
• The need arises due to work-related stress caused by constant digital connectivity.
• Constant availability in the digital age leads to high stress levels.
• Constant digital engagement contributes to sleep deprivation.
• It also results in mental exhaustion, which affects long-term well-being.
• Studies show that productivity declines when working over 50 hours per week.
  o Overwork creates a socio-psychological impact by harming work-life balance.
  o Overwork negatively affects social relationships, including increased isolation.
  ▪ A notable example is the Ernst & Young employee’s death in Pune in 2024, which was linked to overwork.
  
  Constitutional Basis
• The Right to Disconnect draws support from Article 21 of the Constitution, which guarantees Right to Life and Dignity.
• It also draws support from Article 39(e), which requires the State to ensure that health and strength of workers are not abused.
• It is further supported by Article 42, which mandates the State to ensure just and humane working conditions.
  
  Global Case Studies
• France introduced the El Khomri Law in 2017, making it the first country to formally recognise the Right to Disconnect.
• Australia passed a 2024 Amendment to its Fair Work Legislation to strengthen employees’ rights after work hours.
  o The Australian amendment allows employees to ignore after-hours work communications without fear of penalty.
  o The Australian law restricts this right only when the refusal is deemed unreasonable, such as during emergencies