RIGHT TO DISCONNECT

Indian women working over 55 hours a week experience stress and mental health issues. The "Right to Disconnect" law allows employees to disconnect from work outside regular hours, promoting better working conditions, employee well-being, and sustainable economic growth. Although India lacks specific laws, constitutional and judicial rulings support this right.

Last Updated on 12th December, 2024
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Picture Courtesy: https://www.thehindu.com/opinion/op-ed/indians-need-the-right-to-disconnect/article68965394.ece 

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A Hindu report reveals that Indian women in professional jobs like auditing, IT, and media work over 55 hours a week, with working hours varying for marginalized groups and the unorganised sector. A study by ADP Research Institute found that workplace stress negatively impacts their mental health.

What is the “Right to Disconnect”?

The "Right to Disconnect" allows employees to disconnect from work outside of working hours. This ensures that employees are not required to respond to emails, messages, or work calls after their regular working hours. 

France, Portugal, Spain, Australia, and Ireland have all passed laws recognising this right. For example, France's Labour Chamber ruled that employees are not required to work from home or carry work tools after hours. Similarly, Portugal has made it illegal for employers to contact employees outside of work hours, except in emergencies.

Do you know the origin of the Right to Disconnect?

The concept of the Right to Disconnect can be traced back to Article 24 of the Universal Declaration of Human Rights 1948, which guarantees individuals the right to rest, leisure, and appropriate work hours.

 In 2017, France became the first country to formally acknowledge this privilege with the El Khomri Law.

Does India have any laws recognizing the Right to Disconnect?

India does not have any specific laws that recognise the Right to Disconnect. However, the Constitution and judicial rulings advocate for a safe working environment. Articles 38 and 39(e) of the Directive Principles of State Policy focus on promoting worker welfare and health. 

The Vishakha case, which dealt with sexual harassment in the workplace, is one example of a Supreme Court ruling that upholds the right to dignity and a safe workplace. 

What efforts have been made in India to address long working hours and employee well-being?

In 2018, MP Supriya Sule introduced a Private Member Bill in the Lok Sabha aimed at establishing the right to disconnect, with penalties for companies that fail to comply. However, little progress has been made in recognizing this right through legislation since then. 

Extended working hours remain an issue, with research indicating that such practices cause stress and health problems rather than increasing productivity. According to studies from Oxford, putting employee well-being first can boost productivity and overall growth.

Why should India consider implementing the Right to Disconnect law?

As India aims to become the world's third-largest economy by 2030, enacting the Right to Disconnect could help both employees and businesses. By recognizing this right, India could promote better working conditions, employee well-being, which will increase overall productivity and contribute to sustainable economic growth.

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RIGHT TO DISCONNECT

Source: 

The  Hindu

PRACTICE QUESTION

Q.Critically analyze how the "Right to Disconnect" can improve employee well-being without negatively affecting organizational goals?   (150 words)

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