Context
The Right to Disconnect Bill, introduced as a private member’s Bill, comes amid rapid digitalisation of work and India’s consolidation of labour laws into four labour codes. With work extending beyond physical workplaces and fixed hours, the Bill seeks to address constant digital connectivity.
Core Issue
Indian labour law continues to define work through time-based and physical constructs. The Bill regulates after-hours communication but does not redefine “work” for the digital economy, creating a mismatch with existing labour codes.
Key Gaps in the Bill
• Allows employees to ignore work-related calls/emails beyond working hours but does not clarify whether such digital engagement counts as “work”.
• Not aligned with the Occupational Safety, Health and Working Conditions Code, 2020, which governs working time and overtime.
• Regulates communication without integrating it into the legal framework of working time, making the right largely behavioural rather than enforceable.
• Does not specify whether the right is a mandatory labour standard or a contractual right that can be modified by agreement.
Comparative International Practice
• European Union: Employer control determines what qualifies as work, including on-call and standby time.
• France: Clear demarcation between working time and rest time; digital communication regulated through collective bargaining.
• Germany: Strict enforcement of working-hour limits and rest periods.
• These systems embed digital communication within working-time regulation, unlike India.
Constitutional Dimension
• The freedom to disconnect is closely linked to personal autonomy under Article 21.
• The Bill does not clearly articulate this constitutional linkage or explain how autonomy is protected at the workplace.
• Leaves ambiguity on whether the right is statutory or reflects a deeper constitutional guarantee.
Conclusion
The Bill is an important starting point, but without redefining work in the digital age, aligning with labour codes, and clarifying its legal and constitutional status, it remains inadequate. Indian labour law continues to rely on a framework designed for physical workplaces, limiting the effectiveness of the right to disconnect.
