To be or not to be disconnected! Is it a question?

With its report currently under the consideration of the Committee for employment and social affairs (EMPL), the European Parliament has refreshed the debate on a worker´s right to disconnect from the digital tools, including ICT for work purposes.

The EMPL´s report recommends that the European Commission introduce a directive to avoid an „ever-connected“ or „always on“ culture which can have a detrimental effect workers´ fundamental rights, fair working conditions, limitation of working time and work-time balance as well as health and safety at work.

The report calls on the Commission to evaluate and address the risk of not protecting the right to disconnect. Employers acknowledge this workers´ right, but they are not convinced that the report proposing an EU directive is going in the right direction. Use of digital tools/devices brings benefits for employers and workers, including increased productivity, improved quality of products and services, more possibilities to organise work in a flexible way and to work autonomously, which can help to better balance work and private life.

Such an approach is detrimental to the autonomy and flexibility desired by most workers, who may, for different reasons, choose to work at different times. If this is simply a choice to better balance work or private life, for example, a right to disconnect will in fact hamper this desired flexibility. Legislation already exists at both EU and nationals level setting out rules on working and rest time and protecting the health and safety of workers at the workplace. These rules are adequate, making specific legislation on disconnecting unnecessary.

There has been much debate about the different national approaches to a ‘right to disconnect’, however, when looking more closely at the various examples, in most cases it is in fact not a right for workers to disconnect. What is much more common is an obligation to establish a dialogue, consultation or negotiation between the employer and employees or their representatives on issues related to connection and disconnection. The substance of what should be part of the dialogue/negotiation is strictly regulated by the national governments.

Vladimíra Drbalová

Former EESC Member