Right To Disconnect: Reclaiming Boundaries In Digital Age

Recent studies show how deeply technology has changed the rhythm of work. Microsoft's Work Trend Index reports a noticeable rise in meetings held late in the evening, more weekend logins, and a steady increase in messages being exchanged outside regular office hours. A 2025 Australian study found that nearly sixty percent of workers experienced mental health concerns linked to work-related stress, much of it caused by the feeling of being constantly available. These trends are now becoming familiar in many parts of the world, and India is no exception. With the rapid growth of the IT sector, global service industries, and remote work tools, Indian employees often find themselves attending late-night calls, replying to messages long after work, or staying alert to work notifications even during personal time. What began as workplace flexibility has gradually evolved into an implicit expectation of continuous availability. This blurring of boundaries has affected rest, family life, and overall well-being, and it has raised an important question about whether workers should have a protected space free from digital demands. It is in this context that the idea of a Right to Disconnect has begun to gain relevance as a necessary safeguard in today's digital workplace.

The Right to Disconnect simply means that employees should be able to switch off from work once their official hours end. It includes the freedom to ignore work calls, texts, or emails outside working time without worrying about consequences. As technology has made it easier for work to follow people everywhere, this idea tries to bring back a clear line between personal time and professional responsibility. Earlier labour protections focused on setting limits on the number of hours a person could work. But those rules lose meaning when messages and tasks continue long after the office day is over. The Right to Disconnect builds on these older protections and adapts them to modern work culture. It recognises that uninterrupted rest is important not only for mental health but also for the dignity and balance that every worker deserves.

The growing need for this right can be seen in how digital behaviour has changed work patterns globally. Many employees now feel pressure to respond to emails or calls immediately, even late at night or during holidays. Studies link this constant engagement to stress, tiredness, and a sense of never being fully off duty. The rise of remote work during and after the pandemic made this even more common, as homes turned into workplaces and routines became less defined. In India, the effect has been particularly strong in industries that work with foreign clients or run on fast-paced deadlines. Young professionals often fear that switching off may be seen as a lack of commitment. As a result, the day's work stretches far beyond its formal hours, leaving little room for rest. Companies themselves have started noticing this pattern, with some introducing reminders or tools to prevent overworking. All of this shows that the issue is not just personal—it is part of a larger shift in how work is organised, and it needs attention.

International Legal Developments

Around the world, several countries have already recognised the need to give workers the right to disconnect. France was one of the first to act. In 2017, it introduced a law that requires companies with more than fifty employees to discuss and set clear rules on after-hours communication. Instead of imposing a strict ban, France allows each company to find a method that works for its own structure while still protecting employees from excessive demands. Spain later brought the right into its data protection and digital rights law, asking employers to write internal guidelines that respect personal time. Italy followed a similar path through its “smart working” framework, where workers and employers agree on boundaries as part of their work arrangements. Belgium, Portugal, and a few other European countries have also begun creating rules that discourage employers from contacting workers after work hours unless absolutely necessary. On a larger scale, the European Parliament has encouraged the development of an EU-wide policy to address digital stress and burnout. These international efforts show that the problem is not limited to one country or profession. As technology becomes more central to work everywhere, more governments feel the need to create a legal space for rest and recovery.

Position in India

In India, the Right to Disconnect is still at a discussion stage, but interest in the idea is growing. The first major step came in 2018, when MP Supriya Sule introduced a private member's bill proposing this right. Although it did not become law, it sparked debate about whether Indian workers need stronger protection against after-hours work. In 2025, the bill was brought back with updated provisions, including clearer boundaries on communication and penalties for employers who ignore them. Meanwhile, Kerala has proposed its own Right to Disconnect Bill, which would apply to private sector workers in the state. If passed, it could become the first law of its kind in India and might encourage other states or even the central government to take similar steps. Beyond legislation, India's constitutional approach to dignity and mental well-being under Article 21 also supports the underlying idea behind this right. Courts have increasingly recognised the importance of mental health, and this could influence future labour policies. Some companies have started paying attention to burnout and long work hours, but these efforts vary widely. Overall, India is at a point where the need for clearer boundaries is becoming more visible, even though formal laws are still being developed. “The principle behind this right aligns closely with the constitutional commitment to dignity and well-being under the Preamble and Article 21.”

Challenges in Implementing the Right to Disconnect

Bringing this right into practice in India comes with real challenges. Many Indian industries depend on working with clients in different time zones, which sometimes makes after-hours communication unavoidable. A strict rule could create difficulties for companies that need to coordinate across continents. Workplace culture is another challenge. In many organisations, being available at all times is seen as a sign of dedication. Employees may hesitate to disconnect even if the law allows them to, simply because they worry about how it will affect their careers. There is also the question of enforcement. Much of the pressure to stay connected does not come in writing; it comes through subtle expectations or casual remarks. This makes it hard to prove when a right is being violated. India also has a large informal and gig workforce whose work schedules do not fit into standard office hours. Extending a formal right to disconnect to them would require deeper changes in labour policy. These challenges show that while the right is important, putting it into practice requires thoughtful planning.

Way Forward and Policy Suggestions

A practical way forward for India would involve a mix of legal guidance and workplace-level action. The government could create basic rules that protect employees from retaliation and set reasonable expectations for communication outside work hours. At the same time, companies could develop their own policies that reflect their specific work needs. Clear communication guidelines, manager training, and an emphasis on mental well-being can help build healthier work habits. Encouraging employees to take breaks and creating a culture were switching off is respected can make a big difference. Looking at how other countries have approached this issue, India can adopt a flexible model that supports both worker welfare and the demands of a global economy. A thoughtful balance can ensure that technology supports work without overwhelming it.

The Right to Disconnect has emerged as an important idea at a time when work increasingly follows people wherever they go. Constant connectivity may seem efficient, but it has also placed a heavy strain on personal time and mental health. India is beginning to recognise these pressures, and while there is no national law yet, discussions in Parliament, state initiatives, and internal company policies show that awareness is growing. As work continues to evolve, India will need to find ways to protect employees' well-being while still supporting economic growth. Recognising the Right to Disconnect whether legally or through workplace norms can help restore balance and ensure that workers have the space they need to rest and live their lives beyond screens and notifications.

Author is Law Student at Maharashtra National Law University, Chhatrapati Sambhajinagar

Views Are Personal.