India does not have specific laws recognizing the right to disconnect from work. However, the Constitution, Directive Principles of State Policy and various judicial pronouncements have spoken of the right to work in a conducive and healthy environment. | Photo credit: Getty Images/iStockphoto

Sshortly after death of an EY employee in September, allegedly due to work pressure, MP Shashi Tharoor had said he would raise the issue in Parliament. He said “inhumanity in the workplace must be removed by law”. A recent report from The Hindu reveals that Indian women in professional jobs, such as auditing, information technology and media, work more than 55 hours per week. Working hours vary for those who belong to the marginalized sections of society and work in the unorganized sector. According to a study by the ADP Research Institute, 49% of Indian workers said work stress had a negative impact on their mental health. As French politician Benoît Hamon said: “Employees physically leave the office, but they do not leave their work. They remain attached by a sort of electronic leash like a dog. Texts, messages, emails colonize the life of the individual to the point that he ends up collapsing.”

Laws on the right to disconnect

Such tragic incidents, research and statements highlight how important the right to disconnect is. It allows employees to disconnect from their employer outside of working hours. The Industrial Chamber of the Court of Cassation ruled in 2001 that an employee is not required to work from home or bring home files and work tools. This decision was then confirmed by the Court of Cassation which declared: “The fact that (the employee) was not reachable on his mobile phone outside of working hours cannot be considered a fault”. Portugal has a right to disconnect law, which prohibits employers from contacting their employees outside of working hours except in an emergency. Likewise, according to Article 88 of Organic Law 3/2018 on the Protection of Personal Data and the Guarantee of Digital Rights in Spain, “public workers and employees have the right to turn off their devices in order to ensure that, in outside of legal cases or conventionally fixed working hours, their free time, leave and vacation are respected, as well as their personal and family privacy, with the aim of promoting a good balance between professional and private life. This year, the Australian Parliament passed the Fair Work Legislation Amendment, which gives employees the right to disconnect from their work outside of working hours. Ireland has also recognized the right to disconnect for employees.

Where is India?

India does not have specific laws recognizing the right to disconnect from work. However, the Constitution, Directive Principles of State Policy and various judicial pronouncements have spoken of the right to work in a conducive and healthy environment. Article 38 of the Constitution states that “the State shall endeavor to promote the welfare of the people”. Article 39(e) of the Principles of State Policy directive directs the State to direct its policy towards ensuring the strength and health of its workers. The Supreme Court, in Vishakha vs State of Rajasthan (1997)ruled that sexual harassment in the workplace violated fundamental rights, recognized the right to dignity in the workplace and issued guidelines to ensure a safe working environment for women and gender equality . In Ravindra Kumar Dhariwal and Ors v. Union of India (2021)the Court interpreted section 14 to include ideas of inclusive equality in order to reasonably accommodate people with disabilities. Justice DY Chandrachud said an employer must take into account the individual differences and capabilities of an employee. In Praveen Pradhan v. State of Uttaranchal (2012), the Uttarakhand High Court held that “under the pretext of administrative control and discipline, a senior officer cannot be given extreme liberty to commit intense humiliation and inhumane reprimands in front of all members junior staff for a little while.” laps.” Despite the clear recognition of the right to dignity in the workplace and the obligation for employers to be sensitive to mental health issues, as well as laws that establish liability for violations of working hours , violation of dignity is unfortunately common in Indian workplaces.

Extended working hours

In 2018, MP Supriya Sule introduced a private member’s bill in the Lok Sabha, which defined the right to disconnect from work after working hours. The bill provided for a penalty of 1% of the total remuneration of all employees to be paid by companies in the event of non-compliance with its provisions.

However, in recent years there have been no significant legislative efforts to recognize the right of employees to disconnect from work outside of working hours or to impose an obligation on employers to ensure the well-being of employees and avoid overworking them. Search by Harvard Business Review shows that working extended hours causes stress, coronary heart disease and impacts overall health. Contrary to the widely held belief that overworked human beings generate productivity, research conducted by the University of Oxford in collaboration with British multinational telecommunications company BT has established a conclusive link between happiness and productivity. Therefore, employers must consider psychological factors when dealing with their employees. In its march to become the third largest economy by 2030, India must recognize that the right to disconnect will increase productivity and ensure growth and well-being of employees and employers.

Rajesh Ranjan, lawyer and researcher and former co-convener, Constitutional Law Society, National Law University, Jodhpur