Right to Disconnect: Drawing the line after work, Pg6

Key Highlights:

• The Right to Disconnect Bill, a private member's bill, has been introduced in India amidst recent labor law consolidations.
• The bill aims to grant employees the right to not respond to work-related communication beyond prescribed hours.
• The bill's ambiguity lies in not defining whether after-hours digital engagement constitutes "work" under existing labor laws.
• Jurisdictions like the EU, France, and Germany integrate digital communication into working time frameworks.

Detailed Insights:

• The bill's ambiguity arises from its failure to clarify if after-hours digital engagement qualifies as "work" under the Occupational Safety, Health and Working Conditions Code, 2020.
• In the EU, employer control is a key parameter for assessing working time, including on-call time and standby periods, as established through precedents like SIMAP, Tyco, and Jaeger.
• French labor law demarcates working time and rest time, integrating digital communication through collective bargaining, without redefining "work".
• The bill does not clarify whether the right to disconnect is a mandatory labor standard or can be modified via contract.
• The bill's connection to Article 21 of the Constitution, regarding individual autonomy, is not explicitly addressed.
• A comparative study shows that the right to disconnect becomes effective when an employee’s time is treated as working time.

Key Concepts Involved:

• Right to Disconnect: The right of employees to not engage in work-related communications during non-working hours.
• Working Time: The period during which an employee is at the disposal of the employer and carrying out their activities or duties.
• Article 21: A fundamental right in the Indian Constitution that guarantees the right to life and personal liberty.