Indians need the right to disconnect

Indians need the right to disconnect

12-12-2024
  1. Following the death of an Ernst & Young (EY) employee in September, allegedly due to work pressure, MP Shashi Tharoor announced his intention to address the issue in Parliament.
  1. He emphasized that "inhumanity at the workplace" must be eradicated through legislative measures.
  1. Indian women in professional sectors like auditing, Information Technology, and media often work over 55 hours a week. These long hours differ significantly for marginalized communities working in the unorganized sector.
  2. The ADP Research Institute's study reveals that 49% of Indian workers experience mental health challenges due to workplace stress.

The Digital Leash Phenomenon

  1. French politician Benoit Hamon aptly described modern work culture, noting that employees, although leaving the office physically, remain tethered to their jobs through constant electronic communication.
  2. This intrusion disrupts personal lives, leading to eventual burnout.

What is the Right to Disconnect?

  1. The right to disconnect allows employees to disengage from work-related communication after official working hours, ensuring personal time remains uninterrupted.
  2. Purpose: Promotes mental well-being and a healthy work-life balance by clearly separating work and home life.
  3. Employee Rights: Employees can decline work-related communications, such as emails, calls, or messages, outside their regular hours without any negative repercussions.
  4. Exceptions: In cases like emergencies, pre-agreed arrangements, or risks to health and safety, employees may be contacted outside regular hours.

Countries Recognizing the Right to Disconnect as a Law

France (2017)

Companies with 50 or more employees must establish guidelines enabling workers to disconnect from emails and other work-related communications after working hours.

Italy (2017)

Employees are entitled to disconnect during rest periods, particularly under remote working arrangements.

Spain (2018)

As part of the Data Protection and Digital Rights Law, 2018, employers are required to formulate policies to implement the right to disconnect.

Ireland (2021)

A Code of Practice introduced in 2021 ensures employees cannot be penalized for not responding to communications outside working hours.

Belgium (2022)

Initially applied to federal civil servants, the law aims to improve mental well-being and work-life balance, with efforts to extend it to private-sector employees.

Australia (2024)

Employees have the legal right to ignore work communications after hours without facing any punitive action.

Position of Right to Disconnect in India

  1. Directive Principles of State Policy (DPSP): India’s Constitution includes provisions under DPSP to ensure worker protection and prevent exploitation.
  1. Article 38: Promotes the welfare of the people, emphasizing a just and equitable societal and workplace.
  2. Article 39 (e): The State is required to ensure the health and strength of workers through appropriate policies and protect them from exploitation.
  1. Private Member Bill: In 2018, MP Supriya Sule proposed a Private Member Bill in the Lok Sabha granting employees the right to disconnect from work after office hours.
  1. The bill included a penalty clause requiring companies to pay 1% of the total remuneration of all employees for noncompliance.

Why India Needs the Right to Disconnect

  1. Improved work-life balance: Enables employees to dedicate time to personal activities, family, and rest, promoting better relationships and personal growth. Healthy work-life balance reduces stress and enhances family bonding.
  2. Reduced stress and burnout: Helps in managing mental and physical health by preventing overwork and excessive stress. Studies link regular breaks with lower rates of workplace burnout.
  3. Enhanced productivity: Allowing employees to relax during off-hours ensures they return to work rejuvenated, improving efficiency.
  4. Protection of privacy: Empowers employees to safeguard their personal time from work-related interruptions, maintaining boundaries.
  5. Optimized resource use: Efficient work hours reduce unnecessary expenses, contributing to cost savings. Companies with structured hours observe reduced operational costs.
  6. Healthier communities: Minimizing long work hours lowers risks of stress-induced illnesses like coronary heart diseases.
  7. Economic benefits: Healthier employees decrease the financial burden on healthcare systems caused by stress-related illnesses. Countries with right-to-disconnect policies report reduced medical expenses.

Challenges and solutions

Challenges

Solutions

Economic challenges: Industries like IT and customer service require 24/7 availability.

Gradual adoption in non-critical sectors and phased expansion.

Growth-oriented economy: High productivity needed for rapid development.

Sector-specific policies balancing productivity and well-being.

Global competitiveness: Advantage of round-the-clock responsiveness.

Showcase disconnection as a means to boost long-term productivity.

Large informal sector: Labor laws are challenging to enforce.

Formalize informal workforce and adopt scalable guidelines.

Enforcement difficulties: Monitoring diverse workplace settings is challenging.

Use flexible guidelines and digital tools for compliance tracking.

Impact on small businesses: SMEs rely on flexible work hours.

Provide incentives like subsidies and tax relief for SMEs.

Younger workforce: Career-driven individuals prefer extended engagement.

Encourage flexible hours and productivity-based rewards.

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