Disconnecting to connect

Last October, a discussion on the right to disconnect, or the right to take a break from work and spend quality time with family after working hours, was launched by the parliamentary secretariats for social dialogue and reforms.

In December 2020, the European Parliament approved a report penned by Labour MEP Alex Agius Saliba calling for the right to digitally disconnect.

Also known as the right to switch off, the concept developed as a result of advancements in communication technologies and their impact on people’s daily lives.

The widespread use of smartphones and other digital devices means that always being ‘on call’ has become a reality in many workplaces, as continuous remote access can create pressure for employees to be constantly accessible.

The expectation that workers are available at almost any time for online or mobile communication is now considered to be potentially hazardous to workers’ health. Working from home makes it particularly difficult to switch off.

It was in January of 2021 that, in their legislative initiative that passed with 472 votes in favour, 126 against and 83 abstentions, MEPs called on the European Commission to propose a law that enables those who work digitally to disconnect outside their working hours. It should also establish minimum requirements for remote working and clarify working conditions, hours and rest periods.

In February 2024, Agius Saliba appealed to the commission to implement the right-to-disconnect law immediately. In all probability, the implementation will take the form of a directive, which would require member states to implement some form of legislation setting minimum standards for the use of digital tools outside working time. The legislation would likely offer the right to disconnect for all workers, providing sufficient records of working time for workers to be able to impose their limits and ask for fair compensation and protections when looking to enforce their rights, to ensure the employee does not face negative repercussions as a result.

However, a concerted push from business lobbies against adopting the directive is still being felt.

Different jobs encompass many different realities, and it’s not possible to draft one piece of legislation that accommodates everyone. There are minimum requirements that can be negotiated and implemented across the board, particularly when it comes to monitoring work time and assessing the health impact of digital obesity on the worker. Finding a good balance between people’s free time and the realistic necessities of certain professions should be the way forward.

Should the EU and Malta go ahead with legislating for this right to disconnect, it will not be a right foisted on employers, but one that keeps employees informed. The culture of always being connected and working until you die is not a European value, and nobody wants to end up in a system that treats workers like machines and robots. The legislation would surely focus on restricting abusive practices, as employees should only be considered on duty or on call when there is a valid reason, and it should avoid disrupting normal business operations.

Such a right can improve employee well-being, productivity and morale, as it helps prevent burnout and sets boundaries between work and personal life. However, it may also create challenges, such as potential reductions in flexibility, increased operational costs for businesses, and difficulties in providing customer service for certain sectors. Other drawbacks can include a potential reduction in employee choice or the law being seen as an insufficient solution without addressing the underlying workplace culture.

The benefits to employee well-being are obvious, but any well-intentioned law could backfire.

The workplace has never been more flexible. Today’s workers often work asynchronously and with workmates distributed across physical spaces, international borders and even multiple time zones. But with great workplace flexibility comes great employer responsibility.

I envisage that by means of any eventual legislation enacted, workers will be free to ignore messages from their bosses and colleagues during their off-hours, except in some emergencies. The law would also require employers to formalise employees’ non-working hours in writing, allowing workers whose bosses routinely demand off-hours communications to file a complaint with the Department for Industrial and Employment Relations, since I also anticipate that such a situation would be rendered an offence.

Amid all-time high levels of job stress and burnout across much of our workforce, the move seems like a step in the right direction. It also presents an opportunity for employers to carefully assess how their organisations’ workplace communication protocols stack up and, if needed, give their organisational culture a makeover.