Introduction

Digital technologies have transformed the way work is organised and performed. Smartphones, emails, messaging platforms, and remote working tools have made it possible for employees to stay connected at all times and from anywhere. While this has increased flexibility and efficiency, it has also blurred the boundaries between professional and personal life. In India, this has contributed to the emergence of an “always-on” work culture, where constant availability is increasingly seen as the norm rather than the exception. The result is rising stress, burnout, and declining mental and physical health among workers. In this context, the idea of a legally recognised “right to disconnect” is gaining importance as a necessary response to the changing nature of work.

The Scale of the Problem in India

• A significant proportion of Indian workers routinely put in excessively long working hours, often far beyond formal limits.

• Digital connectivity ensures that work-related messages, calls, and emails continue well into evenings, nights, and weekends.

• There is a growing incidence of:

  • Burnout and chronic stress

  • Anxiety and depression

  • Lifestyle diseases such as hypertension and heart problems

• These health costs are not limited to individuals alone.

• At the societal level, they translate into:

  • Higher healthcare burdens

  • Lower productivity and creativity

  • Reduced quality of life and long-term economic inefficiencies

• An exhausted and stressed workforce ultimately weakens, rather than strengthens, economic growth.

The Legal Gap in the Indian Framework

• India’s existing labour laws, including the Working Conditions Code, 2020, do place formal limits on working hours and mandate rest periods.

• However, in practice, these protections:

  • Are difficult to enforce in digitally mediated work environments

  • Do not adequately cover contractual, gig, freelance, and platform-based workers

• A large segment of the modern workforce operates in a grey zone where:

  • Work is task-based or deadline-driven

  • Monitoring happens through digital tools

  • Availability is informally but strongly expected

• Fear of penalties, poor appraisals, or even job loss discourages employees from switching off after official working hours, even when there is no genuine emergency.

What Is the “Right to Disconnect”?

• The right to disconnect is proposed as a legal right that allows workers to:

  • Refuse to respond to work-related communications outside prescribed working hours

  • Do so without fear of disciplinary action, penalties, or negative performance evaluations

• The objective is not to prevent flexibility or urgent communication, but to:

  • Restore a clear boundary between work and private life

  • Protect mental health and family life

  • Reaffirm the dignity of labour in a digital age

• It recognises that continuous availability is neither sustainable nor humane.

Lessons from Global Experience

• Several countries have already taken legislative steps in this direction, including:

  • France

  • Portugal

  • Ireland

  • Australia

• These countries have:

  • Mandated companies to define clear communication norms

  • Restricted after-hours work communication except in genuine emergencies

• Evidence from these experiences suggests that:

  • Respecting workers’ downtime does not reduce productivity

  • On the contrary, it improves:

    • Employee well-being

    • Job satisfaction

    • Long-term efficiency and creativity

• These examples show that economic competitiveness and humane work practices are not mutually exclusive.

Why India Needs a Clear Legal Framework

• India currently lacks a comprehensive and uniform national framework addressing digital overwork.

• Some discussions and proposals exist at the company or State level, but these are:

  • Fragmented

  • Uneven in coverage

  • Largely voluntary

• A national law is needed that:

  • Embeds the right to disconnect within occupational safety and health standards

  • Extends protection not only to formal employees but also to:

    • Contractual workers

    • Gig and platform workers

    • Other vulnerable categories of digital workers

• Such a framework would acknowledge that mental health and rest are integral components of workplace safety.

Beyond Law: The Need for Cultural Change

• Legislation alone cannot solve the problem if workplace culture continues to glorify overwork.

• Many organisations still equate:

  • Long hours with loyalty

  • Constant availability with commitment

• This “toxic productivity” mindset needs to be actively dismantled through:

  • Organisational reforms

  • Awareness programmes for managers and employees

  • Institutional mental health support systems

• Leadership behaviour is especially important, as norms often flow from the top.

Conclusion

The right to disconnect should not be seen as an obstacle to growth or competitiveness. On the contrary, it is an investment in human capital and in the long-term sustainability of the economy. A workforce that is rested, mentally healthy, and able to balance work with personal life is more productive, more creative, and more resilient. In an age where technology makes constant work possible, the real progress lies in ensuring that it does not make constant work compulsory. By protecting workers’ well-being today, India can build a healthier, more humane, and more sustainable future of work.