The Importance of the Right to Disconnect in the Context of Workplace Disputes
With the impact of the COVID-19 pandemic, as many employees continue to work from home, the issue of the “right to disconnect” is becoming increasingly important. The right to disconnect allows employees to disengage from work outside of normal working hours and enjoy their time outside of work. This right is a system developed to help employees, who are constantly accessible through work devices while working from home, disconnect from work and prevent them from working outside of working hours.
What is the Right to Disconnect?
The right to disconnect means that every employee has the right to disengage from work outside of normal working hours and spend their time outside of work without being disturbed. Except for emergencies or “on-call” situations, employees can take advantage of this right by turning off their work devices and using their time off efficiently. To understand how this right works, we can look at the practices in Ireland. Ireland has created a Code of Practice for the implementation of this right and has provided guidance to businesses.
The Three Fundamental Rights of Ireland’s Code of Practice
The Code of Practice in Ireland includes three fundamental rights:
- The right of the employee not to routinely work outside normal working hours.
- The right of the employee not to be penalized for refusing to engage in work matters outside of normal working hours.
- The obligation to respect others’ right to disconnect (e.g., refraining from routinely contacting via email or phone outside normal working hours).
The right to disconnect not only prohibits managers from forcing employees to work outside of working hours but also gives employees the right to turn off their communication devices during their time off and set automatic emails when they are unavailable. The expectation is that when an employee reaches out outside of working hours, responding will be left to working hours.
Reasons to Examine the Right to Disconnect in Workplaces
While having employees constantly working and answering questions outside of work may seem beneficial to employers at first, it can actually be harmful. Employees who do not get enough rest at the end of the day and continue work stress outside of work may become burned out, less productive, and disengaged from their jobs. This can lead to serious problems in workplace morale and employee engagement, which can be very harmful to an organization overall.
The right to disconnect works to balance this situation and encourages employees to disconnect from work during their off-hours. This right not only increases employees’ well-being but also stands out as an effective way for organizations to show that they value their employees. This can increase employee engagement and attract new employees.
With more organizations exploring ways for employees to continue working from home permanently, the right to disconnect can be very attractive to many job seekers. Organizations should always keep in mind that if they do not choose to implement such a right, a competitor might.
The Legal Context of the Right to Disconnect
The right to disconnect is already present, either directly or indirectly, in some local laws and collective agreements. Some companies have adopted policies and practices that limit digital connectivity to prevent the blurring of work-life boundaries. For example, some German car manufacturers are reported to freeze email servers at night and restrict employee access to emails during holidays. In Spain, an insurance company has officially recognized employees’ right to turn off their phones outside working hours. However, the existence of the right to disconnect is far from being widespread globally.
How Should Employers Respond?
As employers take steps to support employees in disconnecting from work, they must balance the needs of all employees. For instance, systems that require employees to disconnect after core working hours may also reduce employees’ autonomy over flexible working arrangements. Some employers have received feedback from employees who prefer flexible hours to manage caregiving responsibilities or other obstacles. Others have encountered resistance from employees concerned about losing overtime pay.
In an effort to avoid unwanted consequences of such changes, some employers have adopted a more nuanced approach, working with employees to understand issues, how they can be addressed, and how well-being can be more broadly embedded in organizational culture. Let’s take a look at some examples:
- Implementing technical measures, such as warning systems, to understand the reasons and scope of working outside of routine hours (e.g., tracking how often employees connect during vacation).
- Engaging with employees to develop communication, training, or policies that clarify expectations about taking breaks, vacations, daily rest periods, managing availability and workloads, performance goals and metrics, working across time zones, and how employees can raise concerns.
- Supporting line managers in modeling consistent good practices, responding to employees who cannot work outside of normal working hours, and recognizing the value of role modeling when communicating with employees working outside of hours.
- Providing employees with training and tools to manage their own working hours, protect their mental health, and respect their colleagues’ right to disconnect.
- Fostering a culture where mental health issues in the workplace are not stigmatized but are instead supported.
Inevitably, an employer’s response must also balance the organization’s needs. Workflows, unforeseen circumstances, and service level expectations should be addressed as part of the communication process.
Technological advancements have led to employees becoming increasingly accessible. While there is much to celebrate in new ways of working, there are also challenges that employers need to address. A report by the European Union estimates the cost to employers of mental health issues arising from work at €240 billion. Furthermore, inaction creates risks to workplace safety, employee morale and retention, as well as legal and reputational risks. At ADRİstanbul, we emphasize the importance of the right to disconnect in the workplace and encourage employers to take this issue seriously. We are always here to help create fair, sustainable, and high-value solutions in the workplace.
