Covid-19 and its aftermath resulted in a series of changes, both at work and at home. For many people, the home became the workplace and the workplace was everywhere and nowhere. While many organizations strove to offer flexibility to its employees, as weeks turned into months, and months into a year, and yet some of us have not stepped into an actual workplace, the line between work and life, that we so dearly wanted to separate, started merging.
Working from home came with its own set of challenges, and while workers across the globe struggled to balance this new routine of always being online, some countries took legislative steps to protect the well-being of their workforce.
The right to disconnect law was not a response to the pandemic as such, but it became all the more important in the face of the pandemic. With France, Luxembourg, Spain, and Italy leading the way, and many other countries, like Canada, Belgium, India, Philippines, and Portugal, following suit, the right to disconnect has stirred a series of discussions on work-life balance, employees’ mental health, and guidelines for employers on how to contact workers outside office hours.
Most recently, Portugal introduced a new set of labour laws in response to remote work and its ubiquitousness since the pandemic, wherein companies may face penalties if they contact employees after work hours or during weekends. The laws also outline the need for employers to help employees pay for work-related expenses such as internet or electricity bill. The law also makes exceptions for parents. While Portuguese MPs rejected the proposal for the right to disconnect, the newly introduced labour laws are a great start.
Many European countries are flagbearers of the right to disconnect as well as other labour laws to give employees a much needed break from work. However, the right to disconnect, in singularity, gives employees the legal right to switch off from work-related communication and devices outside office hours. As rosy as it may sound for employees, it might not be the ideal solution for employers.
The Right to Disconnect: Pros & Cons
Proponents of the right to disconnect often view work related electronic communication, in the form of email, whatsapp messages, or phone calls, as unpaid labor. While flexible working hours has its own benefits, it sometimes runs the risk of abrading the line between work and leisure. The right to disconnect underlines the need for rest, relaxation, and a psychological reset to avoid mental and physical burnout.
The right to disconnect recognizes the unrealistic expectations that remote working has set for employees, to be online and available all the time, failing which they may face retribution from their employers.
“I think the EU Right To Disconnect law is a positive step towards recognising how technology can blur the life/work divide. It is important that employees have greater autonomy to disconnect, especially in an era where there is an epidemic of mental health issues related to stress, anxiety and depression in part caused by a person being overworked.”
David Reischer
Attorney & CEO of LegalAdvice.com
While 2020 and 2021 were nowhere near normal, upending social life across the world, and putting people under house arrest, which also resulted in an ensuing lack of rest for employees trying to be constantly available. Digital technologies, introduced as a way to collaborate with peers, triggered an overdrive, causing rising levels of depression, anxiety, and interrupted sleep. The only way to deal with unprecedented times is to have unprecedented laws that support the changed realities of the present day workforce.
Flexible working hours sure have been liberating for many of us, the excessive demands of work often take over one’s schedule, disallowing workers any personal time. The initial freedom that work from home offered has slowly waned as many employees reported working more in a remote work setting, some due to lack of other entertainment avenues while others due to increased work pressure and expectations.
While the upside to the right to disconnect is apparent, it is not wrong to think that the law might negatively impact many organizations that require emergency services, like that of a medical professional. Other organizations that work across geographies need to consider multiple time zones for intra-organization collaboration, in which case completely switching off comes loaded with repercussions. For many organizations, a legal right to disconnect in actual implementation terms can be a nightmare. Disturbing a delivery chain can mean loss of customers for many organizations.
Even though the right to disconnect sounds right out of a utopia in principle, its implementation and regulation are not for the faint hearted. It not only rules out flexible working hours, which many organizations have come to adopt post the pandemic, it also doesn’t take into account freelancers and gig workers.
The intention of the law and its makers is noble. It doesn’t just normalize downtime, in fact, it goes a step further to encourage and even respect an employee’s need to disconnect.
It is important to note here that we are at a junction where technology has infiltrated our life to such an extent that it has set the general tone of expectation as always being available. Since the pandemic took the world by storm, leaving most of us unprepared, we took refuge in technology and digital communication that has eventually brought us where we are at today.
It is evident that this isn’t a sustainable way of working. What the right to disconnect has done is set the ball rolling in the right direction. Now the onus lies on organizations to adapt work settings to suit the needs of the digital economy.
“The jury is still out on whether the legal system can properly balance all competing policy interests associated with a right to disconnect. The legal system may be the wrong actor that attempts to regulate the hyper-complex system of modern life that balances work and life. Self-regulation by the employer, employee and the marketplace may be a better alternative solution.” – David Reischer, Attorney & CEO of LegalAdvice.com
Is the Employee the New Customer: A Closer Look at Employee Experience
This brings us to the very important matter that has been brought to the fore by the right to disconnect – that of employee experience. Numerous organizations are now reevaluating their employee experience and striving to impart a great one to their workforce, as they would for their customers. In the new digital economy, the employees are like an organization’s customer. They need to be engaged, their time needs to be respected, and they need to feel valued. It might seem like a lot of work for employers, but the digital economy, a highly competitive market, and an increased awareness about mental health, has put employees in the driver’s seat.
Employee Experience in the Future of Work
The right to disconnect has reiterated the value of employee well-being and experience and set the tone for 2022. Here’s what you can expect from the future of work:
“The number one benefit that the right to disconnect has on employers is that it keeps their employees engaged and their teams healthy. Just as we want our customers to be engaged, we also want our employees to be in their best form. Perhaps the greatest incentive that employers have in adopting the right to disconnect for their employees is the mass resignation phenomenon. Among the many reasons why the best talent leave their jobs for other opportunities, burnout is way up there on the list. This alone should incentivize employers to take steps to keep their employees mentally sound, engaged, and sane, and granting the right to disconnect is a big step to do that.”
Nikki Attkisson
CEO & Journalist, Powdersville Post
This list will keep evolving as the future of work takes shape. It is important for organizations to take a closer look at how they want their culture to unfold in the future of work.
We are here listening intently to market demands, and our suite of products help companies put their employees first without affecting the bottom line, infact adding to it. We firmly believe that an engaged employee is more productive and our products speak louder than our words.
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