The right to disconnect in an ‘always-on’ economy, Pg8

Key Highlights:

• A Private Member’s Bill has been proposed in India advocating for the right to disconnect to address the blurring lines between professional and personal life.
• According to the ILO, 51% of India’s workforce works more than 49 hours a week, the second-highest globally.
• 78% of Indian employees experience job burnout, leading to physical and emotional exhaustion.
• The Occupational Safety, Health, and Working Conditions Code, 2020, is insufficient in protecting contractual, freelance, and gig workers from exploitative working hours.
• Countries like France, Portugal, Italy, Ireland, and Australia have already implemented the right to disconnect into their labor codes.
• Kerala has introduced legislation for the local private sector regarding the right to disconnect.

Detailed Insights:

• The proposed Bill seeks to amend the Occupational Safety, Health and Working Conditions Code (2020) to define and limit working hours for all employees, ensuring they cannot be penalized for not responding to work-related communication beyond specified hours.
• The right to disconnect aims to restore dignity and ensure the right to recharge, allowing individuals to maintain their physical and mental well-being without fear of professional repercussions, addressing the national mental health crisis.
• Work-related stress contributes to 10%-12% of mental health cases, according to the National Mental Health Survey, highlighting the need for mental health support services and counseling in the workplace.
• Implementing the right to disconnect requires comprehensive awareness programs, advocacy, and sensitization workshops for both employees and management to address toxic work cultures that prioritize "presenteeism" over output.
• The right to disconnect is defined as the employee being no longer compelled to remain available beyond their regular working hours, thereby blurring the lines between their personal and professional lives and exacerbating stress and burnout.

Key Concepts Involved:

• Right to Disconnect: The right of an employee to not be disturbed or required to engage in work-related communications outside of their working hours.
• Occupational Safety, Health, and Working Conditions Code, 2020: Indian legislation that regulates the working conditions and safety of workers, but has gaps in protecting all types of employees.
• Burnout: A state of emotional, physical, and mental exhaustion caused by prolonged or excessive stress.